First I would like to say hello to everyone on the forum. I am a member of a few car forums so I decided to look for one concerning bankruptcy and what do you know...there is one! I have gotten a lot of good info from other forums and I suspect this forum is no different.
My situation: My mom filed for Chapter 13 (without me knowing anything about it or that she was in financial trouble) a little over a year ago and made her payments in the Ch. 13 up until September when she lost her job. Since then she has not been able to find another job and has received notification that her Chapter 13 will be dismissed on December 15th.
A few things I know...or think I know: Her income has to be below a certain level in the last 6 months in order for her to file Chapter 7. From July to December she has made right at $20K (thanks to July having three pay periods). That disqualifies her from filing Ch. 7 in January since she can make no more than $18K (Louisiana median income). When February rolls around she no longer has to include the month of July and that will subtract about $6K from her 6 month income and bring her to $14K (this would qualify her for Ch. 7)
Things I was told: She does not have to include her home in the Chapter 7 since payments are up to date and it was not included in Ch. 13. She has to wait 90 days (I have read 180 days) to file Chapter 7 after her Ch. 13 is dismissed. From what I have found on the Internet...she should be able to immediately file for Chapter 7 unless:
1.Her previous bankruptcy was dismissed after a creditor sought relief from automatic stay.
2.She did not obey court order.
3.Her previous filing was considered fraudulent.
The only reason it was dismissed was her inability to pay due to her losing her job.
Some of my assumptions: It would be in her benefit not to find a job until she files Chapter 7 and has the creditors meeting (no benefit to me since I will be paying for her home).
My questions: How soon can she file for Chapter 7 after the 13 is dismissed. What happens if she gets a job before the creditors meeting once Chapter 7 is filed? And how long before they come get her vehicle once her Chapter 13 is dismissed? (Yes...I will be financing her a new (to her) vehicle)
Sorry my first post was so long but I wanted to put everything out there for your information. Thanks in advance for your help!
My situation: My mom filed for Chapter 13 (without me knowing anything about it or that she was in financial trouble) a little over a year ago and made her payments in the Ch. 13 up until September when she lost her job. Since then she has not been able to find another job and has received notification that her Chapter 13 will be dismissed on December 15th.
A few things I know...or think I know: Her income has to be below a certain level in the last 6 months in order for her to file Chapter 7. From July to December she has made right at $20K (thanks to July having three pay periods). That disqualifies her from filing Ch. 7 in January since she can make no more than $18K (Louisiana median income). When February rolls around she no longer has to include the month of July and that will subtract about $6K from her 6 month income and bring her to $14K (this would qualify her for Ch. 7)
Things I was told: She does not have to include her home in the Chapter 7 since payments are up to date and it was not included in Ch. 13. She has to wait 90 days (I have read 180 days) to file Chapter 7 after her Ch. 13 is dismissed. From what I have found on the Internet...she should be able to immediately file for Chapter 7 unless:
1.Her previous bankruptcy was dismissed after a creditor sought relief from automatic stay.
2.She did not obey court order.
3.Her previous filing was considered fraudulent.
The only reason it was dismissed was her inability to pay due to her losing her job.
Some of my assumptions: It would be in her benefit not to find a job until she files Chapter 7 and has the creditors meeting (no benefit to me since I will be paying for her home).
My questions: How soon can she file for Chapter 7 after the 13 is dismissed. What happens if she gets a job before the creditors meeting once Chapter 7 is filed? And how long before they come get her vehicle once her Chapter 13 is dismissed? (Yes...I will be financing her a new (to her) vehicle)
Sorry my first post was so long but I wanted to put everything out there for your information. Thanks in advance for your help!
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