Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Converting 13 to 7, Part II

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  • Converting 13 to 7, Part II

    Hi, all, I posted on this question back in March, but some things have changed, making me think that a conversion to Ch 7 is even more sensible. (Didn't do it then, as the $130/month bk payment was reasonable.)

    First: I just got a message from the court saying we've been dismissed--likely because our lawyer didn't turn in paperwork. I just checked, and I have no record that we owed them any documentation, but the dismissal says we "failed to timely comply with #XXX," so I assume they needed some docs. I'll call the lawyer Tuesday and see what the hell went wrong there, and if they can petition to reinstate with the appropriate paperwork; as I understand, that's fairly easy (and if nobody tells me I'm supposed to give them docs, I don't know how I can do that).

    Assuming we can get reinstated: I'm in line for transition to a different position at work, one that pays $70,495/year. My husband's small business (he's been laid off from a paycheck job for 4+ years) of lawn mowing is bringing in less than $500 gross/month (and of course won't last past the end of September; his first month of such income was April). His ongoing health problems make it impossible for him to grow the business beyond this token level. There are 4 in the household: 1, age 21 and FT college with no job; and 1, 23, who's just now gotten a seasonal job. I may drop off the oldest if we convert to Ch. 7, as I think it'd be hard to justify keeping her on--she doesn't make enough to support herself, but I think we might be eligible, based on exemptions/means test, to go Ch 7 in Illinois with 3 in the household.

    Main question: we have 4 vehicles--all 1998 or earlier, highest Kelly Blue Book of $2200, no payments. As I read it, IL says, 1 car per person filing, $2400 max, so that would cover 2 of them, but there's also a $4000 personal property exemption as well. So, wouldn't that be $8000 total, and could the other 2 cars fall under this (so I wouldn't have to sell any of them)? Three of the cars are in my name, 1 in spouse's name--I did this when the girls each got a car while in school, to keep the insurance cheaper and, honestly, to also have a little something to hold over them.

    In essence:

    --if it IS just missing paperwork, and all else has been OK to this point, am I right that we can likely get reinstated?
    --am I right about being able to file Ch. 7, income-wise?
    --am I right that we should be able to keep all the cars?
    --what other problems/issues am I missing?

    I should add: the vast majority of our debt is my student loans, and I know I'll have to deal with them if/when we get dismissed/discharged; I'm OK with that. The rest was old utilities, medical bills not paid by insurance, payday loans, etc. I had one secured debt (we rent); I got the title to my car, which had been with a title loan place, released and in the mail, about 6 weeks ago.

    Thanks for info/advice.

  • #2
    So are you making $70,495 right now or are you making less?

    When did you file your Chapter 13?
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.


    • #3
      Originally posted by ValleYum View Post
      So are you making $70,495 right now or are you making less?

      When did you file your Chapter 13?

      Ah, sorry! Past 6 months: $27,293 regular, + $4233 overtime (faculty member, so the overtime will go away with this new administrative job).

      Our original filing was 10/19/11.

      Also, if we do convert, do any ensuing bills between Oct. and that conversion also get included for discharge?


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