do you always get it

[arthur3]

Can you please tell me do you always this maybe not the word to say but (win) the ch 7 case. Also does the income play apart of the case what I mean is if you are making a good income and owns a business can you still file ch 7 or will the case be thrown out or can they go to ch 13?
With the business can they make the business pay by taking a mortage/loan out on it right now there is no lien on it.
There is so much to know.
Can my spouse use our joint cc on the ch 7 I said that you can not do this.
We have property Do I loose the land or must I take a mortage, it is in both names and will my spouse only get half of it or all of it.
We also have 2 timeshares in our names can this to be used?
As you can see I am very new to this I am just glad and also sorry for my spouse and anyone who has to go through this I can see and feel how people are when they are at this point in there lives it stinks
Thanks

[edwards2]

I can only answer the first question;and that is no Chapter 7's are not always granted and income plays a large part in the determination of what chapter they will let you file. That is disposable income if you dont pay your creditors. They are trying to determine if you have enough to pay something to them even if it takes 3-5 years. Another factor we were told is the reason for the filing. If you lost your job or had a decrease in income, medical bills, etc., are considered reasonable reasons for filing a Chapter 7. But again you just never know because a lot depends on the trustee you get too. The BK trustee will recommend or not and the U.S. Trustee typically does not override his or her recommendation. Another person who posts in this forum was told by his attorney his case was a slam dunk and then just got a call from him saying the U.S. Trustee recommends a conversion to a 13. He said his file was flagged at the 341. After that meeting you should have a pretty good idea of what you are up against i.e, creditors showing up or not and the attitude of the trustee. I hope you have an attorney. The moderator of this forum can answer your other questions.

[arthur3]

Thanks can you answer these
If the business that my spouse has is showing less and less income will that throw a flag to the trustee and/or the IRS
Can the trustee ask for all accounts
Thank you

[edwards2]

The way I understand it the trustee can ask for anything he/she wants to. When in doubt, bring everything. When we had our 341 several people were unprepared and had to reschedule their appearance. You sure dont want to do that. More anxiety none of us need. Better safe than sorry. All we were told all we had to bring was our drivers licenses and social security cards or something with our ss nos on it other than our license but the paralegal had already asked us for additional documentation before our 341. The odd thing was he didnt want it until after the 341. Several clients in our attorney's office had to provide additional documentation as well so we werent overly uptight about that. We were asked some basic questions and a few non-basic in the 341 but overall unless the trustee had a poker face, she didn't seem overly concerned with anything in our paperwork. Of course that remains to be seen because it has only been about 2 weeks since our 341. One of the moderators said to relax because we had a no-asset case but I am the poster child for worrying so I wont relax at all until we at least the end of this month when the trustee objection period is over. I know we still have to contend with the creditors but I am less worried about them.