Subsequent Ch 7 Filing?

[Haddit]

Just wondering....

I filed for Ch. 7 at the end of Oct, and my trustee meeting is in Dec. My attorney seems sure that the ch 7 will go through smoothly, but I always seem to play out worst case scenarios in my head. I received my letter about the trustee meeting, and it mentioned that the "presumption of abuse does not arise," but I'm not sure how much comfort to take in that.

Anyway, just in case my ch 7 does not go through for whatever reason, I know I can file for Ch 13. But just this week, my employer is starting to make mention of mass layoffs and demotions due to the suffering economy. Because of my relative lack of seniority, I would be dead in line for a demotion, which would cut my income in half.

If for some reason my ch 7 does not go through, and two months later I get my income cut in half, can I file another ch 7? I've heard that you have to wait years before filing ch 7 again, but what about drastic circumstantial changes? What if I lost my job altogether?

If anyone has experience or knowledge in this area, I'd really appreciate it! As I said, I'm reasonably sure my existing ch 7 filing will go through; but this news from my employer this week was pretty alarming.

[TEW]

From the sound of that letter you don't need to worry about a 13. The trustee is most likely going to ask if anything has changed. That maybe a good time to mention that you maybe losing your job and or a large chunk of pay.

[AngelinaCatHub]

Hadditt, you worry too much. "more big problems are caused by worry over little ones". The letter you got was good news. You will be in the 60 day club sooner than you think. Quit worrying over things that aren't there. 'Hub

[jessegirl]

I did the same exact thing that you are doing now. If your attorney said that it would go smoothly, then hes probably right. These attorneys see it all and know whats could be a problem and what will be fine.

[B65]

I got the same letter

that said presumption of abuse does not arise and my 341 is for DEC, I just figured that is what the lawyer had written for the filing and the trustee looks for anything after you have gotten that letter... so i too am a worry wort, from my filing to the 341 was 6 weeks, i am now 3 weeks to go today and still wait to get a letter in the mail everyday saying , we need this, we need that and more complications..... I cannot help it...

Good luck with yours though.
ps i thought if you did go a 13 and your circumstances change you could convert to a 7 right away.... not sure though...

B

[Haddit]

B65- Yeah, it looks like we're on the same path... I filed my ch 7 three weeks ago, and have three weeks until my trustee/creditor (same as 341?) meeting. Good luck with yours! I'm pretty confident, as is my attorney, but it's just my nature to worry.

Yes, I do know what you're saying about converting a 13 to a 7 right away. But the thing I was worried about was if my initial 7 didn't go through for some unforseeable reason, and I then filed a 13 instead, could I still convert to a 7, say, six months later after my income got whacked in half? In other words, does a previous ch 7 filing (my current ch 7 attempt) prevent me from trying again in six months, after my income was drastically changed? But as folks on here are saying, I'm probably just worrying for no reason.

Thanks everybody!