Qualifying for Ch.7 vs. Ch.13

[nothappy]

Here is my short but nightmare of a story.

We had an ARM and got foreclosed on. We live in NV, so the bank did a non judicial. Thought we were off the hook for a deficiency judgement. WRONG, we got slapped with a lawsuit for 120K from the mortgage ins. company. So now we are either a slave to the Trustee for 60 months in a chapter 13 OR,,, my husband loses his income and in 6 months we file for a 7.

The problem is we need to start out as the 13 until we qualify for the 7 so that my wages don't get garnished. Does anyone know how easy it is to change from a 13 to a 7?

How long does it take to get through the process?

[TEW]

have you filed already? if so are you already in a 13?

[nothappy]

No we have not file yet, we have retained an attorney but that is it. I still have all the paperwork to fill out, and I have to pay the rest of the fee before they will file the petition.

I am filing an answer to our lawsuit to try and buy me some time. I don't want my wages garnished before christmas.