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Active CH 13 Business Case Posb Conversion to CH 7

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    Active CH 13 Business Case Posb Conversion to CH 7

    We have an active CH 13 Business Case, she has a regular income but I don't and my revenue fluctuates. My business is heavily regulated and my equipment is expensive to operate. I need to invest a lot of money to be legal but I must make the payments which are high. Barely made the last payment and could not buy groceries, it seems as though I need to convert this to a CH 7. Repairing and maintaining my equipment will not leave enough money for the payment, regular bills and groceries.

    #2
    Suggest you talk with your lawyer and find out what's going to be possible in your situation.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Communicated with paralegal week ago no asnwer

      Communicated with paralegal a week ago no asnwer yet, will resend email and cc Lawyer and may have to send by snail mail (certified). Don't know if I can make next payment, still lots to invest in my equip to operate legal. Gonna ask Lawyer if he thinks it's ok to operate illigal equipment in order to make paymet and put groceries on my table.

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        #4
        How long have you been in your chapter 13?

        Just for clarification, there is no such thing as a Business Chapter 13; you are merely self-employed. Was there any particular reason you needed to file chapter 13 (i.e. save a house, pay back taxes etc) or was it simply at the time, your income was too high for a chapter 7?

        You have 2 options.
        1. If this downturn represents changed circumstances (probably not), you can convert to a 7.
        2. Dismiss your case, wait 6 months, and refile as a chapter 7. (assuming you would qualify for a chapter 7).
        Last edited by HHM; 07-23-2009, 05:49 AM.

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          #5
          Active CH 13 Business Case Posb Conversion to CH 7

          You are correct HHM, Self Employed CH13, yes tried to tried to keep the house and 2 cars with payments and income was too high for CH7 when filing. Trying to convert to CH7 as unable to continue with business. New income now qualifies for CH7. Cars will be gone and will try to keep the house, almost not worth it as value is way less than 1st and 2nd mortgage

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            #6
            Filed Conversion From CH13 to CH7

            Filed Conversion From CH13 to CH7, 341 meeting in 5 days, what happens now

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