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Possible 13 to 7 conversion

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    Possible 13 to 7 conversion

    Ok,

    So I got some answers about this, but I am trying to get a little clarification. My Husband will be going on disability in the next few weeks. This is going to reduce our income by about 50%. We are currently in the process of getting confirmed in a 13 because our median income was too high. I know that I can't get a hardship discharge prior to confirmation and am thinking that converting to a 7 may be the answer.

    I know that the judge can look at our case and see that we will no longer be able to afford the payments for our 13 and can have us convert. My question is about the income. Our 6 month look back will still be higher, and I know the judge can look at what our current situation is as well.

    I need to know about the means test. Do we have to show negative income to qualify for a 7?

    Thnaks
    Filed Chapter 13 05/23/08
    Converted to Chapter 7 Jan 2012
    Discharged April 2012

    #2
    No. You just have to have less than 160 a month I think it is.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      To convert your case to a Ch 7, your Means Test and Schedules have to show you don't have sufficient disposable income to support a Ch 13. When that happens in your case depends on when your combined income looking back six months drops sufficiently.

      The fact that your husband will have disability income adding in makes this situation more complex - your lawyer can help you sort this out. If you haven't already, call or email him/her to let them know what's happening and tell them you want to convert to Ch 7 as soon as it's possible.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment

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