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Changing from 13 to 7

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    Changing from 13 to 7

    Not sure where the best place for this is. Our trustee is fighting our ch 13 case and our lawyer doesn't know why. He keeps asking for paystubs - he has like a solid year of those now. It's always something. Anyway, my husband just got his real estate license so he quit his job and is pursuing that. So the lawyer is switching us to a ch 7 as we are now under the amount to file (we were only a couple thousand over to begin with).

    Has anyone been through this process? What do I expect from here? To we have to go to court yet again?

    #2
    You will have another 341 Meeting which is not a court hearing. Then you would wait 60 days to see if anyone objects to your Chapter 7 discharge. That's it.

    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      I agree it's almost always better to be in a 7 vs. a 13. BUT.....

      I think it's a bad idea to quit a middle class job paying above state median under almost any circumstances including squeezing into a 7, especially for those age 40+. Good middle class jobs are hard to get and may take a long time to get, especially if over age 40.

      It is standard for a preconfirmation 13 to keep asking for paystubs. Until your trustee and your lawyer shake hands on the plan, the trustee will keep asking for paystubs to make sure your income didn't go up or down. Between shaking hands and the confirmation hearing, the trustee won't ask for anymore paystubs because the agreed to plan won't be changing anymore unless either side takes action.

      Comment

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