In a CH 13 Lost Job

[dovette7]

We've been in a HUGE payback of Ch 13 for 2 years. Husband lost job over weekend and we'll be living off my income which for family of 3 is under median. My attorney said since I've moved out of state AND b/c of the district we are in that more than likely they would not convert this CH 13 to a 7 since my husband could get a job. She suggested dismissing the case, wait 6 months so our income would be below median and file a CH 7.
She told me that we could refile anytime after the case is dismissed but that we would need to wait 6 months so our income would be below median for a CH 7. Does this sound correct? (she's given me wrong info before so I want to clarify this)

My husband has decided after all the headache in the business world, he's going into to teaching and coaching which is what he's always wanted to do. So I guess if we wait 6 months for the lower income and he gets a teaching job in the meantime...we'd have to refile a CH 13???

Don't know if I can go through a 13 again... I feel like just having him substitute teach and make as much as he can with combined income being BELOW the median so we can for sure qualify for a CH 7. Is that wrong??

[justbroke]

That's not wrong... it's just called Pre-Bankruptcy Planning.

I don't see anything wrong with allowing your case to dismiss for non-payment. I assume that you have a wage order and the payments are taken out of your husband's salary. Don't do a voluntary dismissal... as they can actually deny it... and it does change things. You want the court/trustee to have dismissed your case (just looks better).

Other than that... looks like you have a decent lawyer!