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Ch 13 to a Ch 7

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    #1

    Ch 13 to a Ch 7

    New to posting on the site but have been reading for a few months now.

    Trying to see what can be done here. Atty is of no help.

    State: Ohio

    Filed Ch 7 in 2001 due to medical bills after delivery of our son. Discharged in Oct 01.

    Fast forward to 2008: 2 homes, one on the market for 18 months, spent all of our savings after renovations following eviction of renters.

    March 08 filed Ch. 13 due to filing in 01.

    I lost my job, husbands is on the line. Atty. doesn't respond to calls or emails.

    When can we convert to a Ch. 7? Our income is approx. $40K with 5 people in the family.

    Thanks so much for advice

    Opps, thanks for pointing the dates out for me.
    Last edited by amstark; 10-16-2008, 07:17 AM.
    Tags: None
    #2
    Welcome to the forum. I am confused. You said you filed for C7 in 1991, then later you mention '01. Did you also file in 2001?

    According to the NoloPress C7 book, you can convert at almost any time--especially with the job loss. The problem is that you still have your attorney representing (supposedly) your case. As long as he/she is 'attorney of record' you aren't going to be able to talk to your trustee, or his office staff.

    You will have to file a Motion with the BK to discharge your attorney (and hire another--or go pro se if you feel up to it.) You might want to file a complaint with your State's Bar Association. There are several threads regarding that.

    I need to go for right now, but I will check back with you later.

    Good luck.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment

      #3
      That is what I thought Chapter 7 elibible. My husband was laid off Oct 2 and I just received a reply from our attorneys office. What I understood that if this happened the BK would go into 7. I am going to copy what she has replied. This is not good, to be in further debt.

      Unfortunately, there is not much I can do to help until H is back at work. My recommendation is to do the best you can until such time as he is working again. Then we will need to look at your case to see what the best alternative is. It is important to try to avoid falling a full two monthly payments behind or more. It is at that point that you are in danger of the Trustee filing a Motion to Dismiss your case. However, even if it gets that far (to a motion being filed) your case can still be saved as long as H is going back to work at that time.

      What happens if there is a Motion to dismiss, Danger????? Thanks to anyone with this knowledge.


      The two most common ways to deal with delinquent payments are:



      1) File a modification of the bankruptcy plan where the delinquent payments are added to the remaining months of the plan. There is no point in doing this until your situation stabilizes and we know how delinquent you are. Additionally, until H is employed it would not be approved anyway, as you have to show that you can afford the new payment amount, which will most likely go up due to the additional debt. There are additional attorney fees of $725.00 to draft, file and prosecute the motion.

      2) Or, reach an agreement with the Trustee (when H has found employment) to amend the wage deduction order amount to a higher amount that would pay off the delinquency over time. There are no additional costs for this route, but it is not always acceptable to the Trustee. This is something that is worked out between you and the Trustee’s office (which is why there are no additional attorney fees).
      Last edited by Pattie Smith; 10-16-2008, 07:37 AM.

      Comment

        #4
        Poster #3. Welcome to the forum. Please go into 'Edit' mode and XXXX out your real names. Also, please change your user ID. This is for YOUR safety. This is the Internet and you are being seen world-wide. My husband and I are victims of CYBERSTALKING, all stemming from him posting his real name on an Internet forum, that wasn't a nice moderated one like this is.

        Thanks
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment

          #5
          TY Angelina..How do you change ID?

          Comment

            #6
            Originally posted by Pattie Smith View Post
            TY Angelina..How do you change ID?
            You may have to create a new account. However I see Bass Boy is on the board. He is one of the Moderators. Send him a private message and see if he can do that for you. Click on his name and when his profile comes up you will see a row of five or six tabs. One is 'Contact Info'. Click on that and you will see where to send a private message.

            Good luck.

            Here's is the link to his profile:

            User Profile - Bankruptcy Forum Chapter 7 13 341 Meeting Credit Collections
            http://www.bkforum.com/member.php?u=1964
            User Profile


            He has a photograph for background. Scroll down until you see the tabs.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

            Comment

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