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Ch 7 to Ch 13 to Ch 7

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    Ch 7 to Ch 13 to Ch 7

    I filed for Ch 7 in July, and just filed a Motion to Convert to a Ch 13 to save some assets that I was in danger of losing in the Ch 7.

    I also filed an amendment to my income and expenses on my schedules, because right now my expenses are lower than when I filed, and I also have a little more money coming in. Not a huge difference, but I was able to squeeze out about $200 per month in disposable income.

    In addition, I anticipate that when I am hired full-time (I'm a teacher right now working as a long-term substitute), my income will essentially double, bringing my disposable income to over $1,000 per month (assuming that I keep up the frugal lifestyle I am living currently).

    Which, actually I just answered my own question. I was going to ask if I would be able to convert my Ch 13 back to a Ch 7 at a later date, since I am actually converting my original case, not filing a new one. But I just realized that in all likelihood, I will be making too much money. There is no way they will approve my Chapter 7, unless I wait until 2008, when my pension payments run out (inheritance). In that case, I may as well finish the Ch 13.

    Okay, but let's say for some reason in a year or two I'm unable to work and no longer have the income coming in. Will they let me convert back to a Ch 7, even though I filed my original case within the previous eight years?

    My other question is, in case my Motion to Convert is rejected, what happens to my original Chapter 7? I was actually due to be discharged, but the Trustee is in deliberation about my inherited pension, so my Ch 7 is still pending.

    #2
    I'm not sure what happens if your motion is denied-but if you can show disposable income & you're paying at least what you might have lost in a 7 (w/ assets being over exemption levels) I can't imagine why it would be denied.

    I don't have a source, but I'm pretty sure I've read that if you convert from 7 to 13, you can't go back again. But, if your 13 ultimately got dismissed (such as if in a year you couldn't make payments) you could probably refile a 7 at some point after. (The 4 years after 13 & 8 years after 7 refer to discharged BK's. If yours is dismissed, I don't know if there is a minimum time to refile as long as the court doesn't set a timeline.)
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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