Someone please help.Chapter 13 to a Chapter 7

[mark3413]

I have a question. I filled Chapter 13 in April, and my wifes income with mine was still 8K below median income.In our state it's 58k , and we make around 49K.Anyway, I filed, and not my wife.I have already had the 341 meeting, but waiting on the cinfirmation meeting in 3 weeks.My attorney said I didn't have to be at the confirmation hearing, they would handle it.Since then, I've kinda gotten frustrated with myself becasue I didn't file Chapter 7 to begin with.I kinda felt guilty, and wanted to pay all I could under 13.I don't feel that way anymore, and was just wandering if I could change to a chapter 7 now, before the confirmation, or can I ever change to after the confirmation.Like for example, I pay 12 months into the ch.13 and it's too much of a strain, Can I convert to Chapter 7 anytime.Also , since I'm under the median income, does that mean I pass the means test. All of my 75k ic unsecured except3k of furniture.Any help appreciated.

[bkbiker]

If you filed voluntary chapter 13, you can convert to chapter 7 at anytime.

Best wishes,
Bkbiker

[lrprn]

Do you and your wife have any intermingled debts (co-signed cars, house mortgage with both your names on it, etc)? If you do convert to Ch 7, unless you both are asset-free (in other words, have so little that you aren't worth suing), your creditors are then going to come after your wife to pay for what you now both owe together and they won't be very understanding. Best to check with your lawyer before doing something you'll regret more later than you regret your Ch 13 now.

Did something happen to change your mind about your Ch 13 so quickly?

[mark3413]

Someone please help.Chapter 13 to a Chapter 7

I'm just finding it hard to believe the credit card companies will go for 200.00 per month for 36 months (7200.00) payback, when the lawyer and trustee get most of it, and out of 72K in credit card debt, they will only get about 2,500.00 between all of them. I've decided if it gets approved, and they agree, then I can swing 200.00 per month, but if they raise it anymore, it'll put us in a bind with 3 kids, and I'll try to change to Chapter 7.My wife will be off work with a new child coming in December (The 3rd child), and we'll only have 2k per month for a while.Our house payment 600.00/Month is outside of the plan, and it'll be tight with insurance,etc so I was just wanting to know my options should the Chapter 13 start to go south .

[aa06a47]

They don't have a choice but to go for it. If the judge and trustee approve your plan, they are bound to it.

I agree with your income, you should have probably went the chapter 7 route. You can convert at any time to chapter 7. But, also note what lrpn said about they could come after your wife.

[mark3413]

My Credit card debt is all in my name only.We owe 83K on the house, it's valued at 79K.Will they come after my wife if she isn't even an authorized user on the credit cards.We don't have any assest worth suing us over.I just want to make sure she is protected in this too.

[keepmine]

Unless you are in a comunity property state, your wife has no liability.