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moving from 13 to 7

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    moving from 13 to 7

    I have been through my 341 under ch 13 and am about to make my second payment; puling together paperwork to satisfy questions from my hearing.

    Since we filed, my husband has lost his job, so our income is reduced. We now fall below the median income. If BK looks at six months of income - do we still need to wait six months to covert (if that is what it takes to put us under mathematically) or are we able to use our current income for Ch7?

    We are walking from our house which has a 2nd. We are moving and will be renting. Hubby will be primarily at home daycare, we plan to send the kids a couple times a week to let them socialize. (and give DH a mental break!)

    One of the things we need to do post 341 is file an amended expenses form on our estimated future expenses based on post move. The area we are moving too is cheaper and some utilities where we will be are included. There is a small chance I will have a +DMI. I have to analyze each line, but what we are saving by having DH at home and cheaper living area, we could break even or pretty close on just my salary. Is that OK in ch 7?

    I'm just trying to determine if I can realistically push to make the switch or should just stick with what we have.

    Thanks!
    Filed ch 13 12/23/10; closed 3/14; refiled ch 7 on 4/13; 341 on 5/13; reaffirmation 7/11 (denied); 7/14/11 DISCHARGED

    #2
    Losing a job was our last straw as we intended to bk13 at first. It is worth a try to go 7 now. You have a good case with the loss of job. Get the C7 book from Nolo press. Also read the stickies on both 13 and 7 threads. You will have advice from both. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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