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changing to a chapter 7

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    changing to a chapter 7

    When I first started on the forum, I posted in this room as we weren't sure if we were going to make a 7 or 13. We ended up filing 13, have the 341 hearing early Feb.

    Our lawyer said we may be able change to a ch 7 in 6-7 months after we are under the median.

    Is there a 'conversion' or is it a dismissal of the 13 and a re-file as a chapter 7?

    Has anyone out there moved from a 13 to 7? Your experience?

    In the middle of the 6 months it will take to show dec in income (my husband just left his job), we are planning to move to a different state. THat state's median for our family size is lower than our current state, and we won't make that median. If we change our case, will the state with which we filed determine the median, or where we live at the time?

    Thanks for your input!
    Filed ch 13 12/23/10; closed 3/14; refiled ch 7 on 4/13; 341 on 5/13; reaffirmation 7/11 (denied); 7/14/11 DISCHARGED

    #2
    Hi boomerkae,

    You can't use the new states rules until you have been there 2 years. After you have been there 90 days, you can file there (use their courthouse) but you have to use MD states rules.

    I can't help on the Ch 13 conversion, but I know some folks here have done conversion or dismiss/refile.

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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      #3
      Originally posted by tcreegan View Post
      Hi boomerkae,

      You can't use the new states rules until you have been there 2 years. After you have been there 90 days, you can file there (use their courthouse) but you have to use MD states rules.

      Tom in Colo
      THanks! I was worried as the new state has a lower median that we won't meet if I keep my current job, despite my husband leaving his job. It's all so confusing! Everytime I think I understand - I go and get confused again.
      Filed ch 13 12/23/10; closed 3/14; refiled ch 7 on 4/13; 341 on 5/13; reaffirmation 7/11 (denied); 7/14/11 DISCHARGED

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