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Can the trustee convert my chapter 7 to chapter 13

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  • Can the trustee convert my chapter 7 to chapter 13

    just wondering my debt is 12k and my monthly income is $600 and monthly expenses are $600 (living on the edge here) give me some opinions please

  • #2
    There is a lot that goes into that, but with monthly income at $600/mo you are not over the median income for your state.

    If you had a lot of assets you wanted to protect you could elect for a chapter 13, but there is no way you would be converted.

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    • #3
      I agree. I think you're safe from a recommendation to convert to 13.
      There are two secrets for success in life:
      1.) Never tell everything you know.

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      • #4
        There's no way you'd be converted to a ch.13. Why are you filing bk when you are essentially collection-proof and you only have $12k in debt?
        Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
        0% payback to unsecured creditors, 56 payments down, 4 to go....

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        • #5
          Originally posted by bearzdb View Post
          just wondering my debt is 12k and my monthly income is $600 and monthly expenses are $600 (living on the edge here) give me some opinions please
          The Trustee cannot convert a case from Chapter 7 to Chapter 13. Chapter 13 is voluntary. The only thing that the United States Trustee (UST) or Panel Trustee (trustee) can do is motion to have your Chapter 7 case dismissed unless "you" convert to a Chapter 13.

          I'm more worried that you really may not have a good case for filing anyhow. If you make little money and have no assets, then you may be collection-proof (as mentioned). That is really a small amount of debt in the grand scheme of things. Do you own anything?

          How must of your $600/month is actually cost of living (not including credit card or debt payments)?
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog


          I am not an attorney. Any advice provided is not legal advice.

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          • #6
            OP has already filed.
            Last edited by debee; 05-20-2011, 12:58 AM.
            There are two secrets for success in life:
            1.) Never tell everything you know.

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            • #7
              Wow...what I wouldn't give to have just $12,000 in secured/unsecured debt, right? bear...you'll be fine.

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              • #8
                I used to have a good job so all those credit card companies got wage garnishment against me i got laid off not too long ago and I tried to negotiate with the companies to settle but they all refused so I figured what the hell i ruined my credit already and it did not cost me anything to file chapter 7 and I am still pretty young figured I got a better chance at getting back on my feet this way

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                • #9
                  What is collection proof?

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                  • #10
                    Often incorrectly called "judgment proof", collection proof means that if a creditor gets a court judgment against you, you don't have anything they could get to collect on that judgment.

                    Originally posted by kimw8083 View Post
                    What is collection proof?

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