Wow you have been at this a long time! ch7 to ch13 and back to ch7 and now this! It sounds like a nightmare.
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I was just reading a case from 2007 that went from Chapter 13 to Chapter 7 to Chapter 13, back to Chapter 7.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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I believe, personal non-lawyer opinion, that the decline in income will be your basis for overcoming the Trustee's objection!Originally posted by aces67 View PostChapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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Gosh I hope so! Hopefully tomorrow my lawyer can tell me some more.
I know he said before that if the UST pulled anything that he would tell the UST he was fully prepared to go before the judge and argue his point so hopefully he's still prepared b/c it looks like that's what we need.4/09 Converted to a Ch 7 due to loss in dh's income
5/09 UST now involved no idea what happens next
7/09 UST has decided to withdraw his motion to dismiss!
7/27/09 DISCHARGED!!!
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I just spoke with my lawyer. He's already talked to the US Trustee and the Trustee wants to see both of dh's paystubs from May and the one he just got for June. My lawyer said he's trying to prove to the UST that our income is steadily declining.
He said he can't promise me anything but he hopes this will still go through. He said we may know something by Friday. I sure hope so!
Keep your fingers crossed for us!4/09 Converted to a Ch 7 due to loss in dh's income
5/09 UST now involved no idea what happens next
7/09 UST has decided to withdraw his motion to dismiss!
7/27/09 DISCHARGED!!!Comment
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Fingers definitely crossed for you!07/10/09 Filed Chapter 7
08/10/09 341
10/16/09 Discharged
02/01/10 ClosedComment
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Definitely!Originally posted by aces67 View PostChapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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Good luck and please return the good thoughts for us.Comment
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I`ve been in my 13 for 27 months and am wanting to convert due to large loss in income, both spouse and me. The large decrease in income has been going on for 3 months and is the new normal. My current lawyer says I can`t convert since we are still over the median for our state. Our means test says otherwise. A second lawyer I`ve talked to says we can convert and he would be willing to take our case if our current lawyer won`t persue it. He also says the UST will probably not look so hard at our case as I have already paid 50k of a 98k payback over the last 2 years. I don`t know WHO to believe. What say you all?Comment
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In a "totality of circumstances" view... having paid back $50K of $98K (50%) and having already been in a Chapter 13... I say you have a chance if the Means Test doesn't show it as abusive.Originally posted by maddog2112 View Post
Remember, some lawyers are Chapter 13 lawyers and don't like to fight for Chapter 7. Some lawyers are Chapter 7 lawyers who don't like to put people into Chapter 13s. Then there's the ambidextrous lawyer who can do and fight for both. Your new lawyer sounds like a good guy/gal.
Being over the median has absolutely nothing to do with being eligible for a Chapter 7 discharge. What the means test determines and what the "totality of circumstances" (including good faith) are the only things to keep you out of one. Sounds like your Chapter 13 lawyer just wants the rest of his "monitoring" fees.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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Justbroke, thats what I think, and I`ve already paid them 3200 through the initial check and the trustee. I definately don`t feel like they are working for me. I feel like they are working for the trustee!Comment
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Go with the new lawyer is my opinion, good luck!Filed: 5/7/2009 :cry: 341: 6/9/2009 :yahoo:
Discharged: 8/12/2009 :clapping::clapping::clapping:
My advice is based on personal experience onlyComment
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The paralegal just called and said the lawyer needs to meet with us ASAP. Dh is on evenings and right now the soonest we all have available is Wednesday.
I now have a huge pit in my stomach. If this doesn't work out we can dismiss and refile in 6 months right?4/09 Converted to a Ch 7 due to loss in dh's income
5/09 UST now involved no idea what happens next
7/09 UST has decided to withdraw his motion to dismiss!
7/27/09 DISCHARGED!!!Comment
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Originally posted by aces67 View Post
OMG! I know you are so Nervous & Wed. seems like a long way off. Hang in There Sweetie & Try To Think Positive (I know hard to do).
Hubby bought Generic PM Tablets before his doctor gave him a Prescription for Ambien to help him sleep. You can get them at Dollar General. Might help you to get thru tonight & tomorrow. Just a thought.
Sending Mitey Prayers and Positive Thoughts Your Way!
LuciComment
Bankruptcy Wizard
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