converting to a ch 7 from a ch 13 under old law

[meme]

i filed a ch 13 in sept 2005 under old law. i cant afford the payments anymore hours got cut at work. im in the process of converting to a ch 7 friday. i filed a ch 7 in jan of 1998 and was discharged in apr 1998. under old law how long do i have to wait to file another ch 7. i has been 7 years prior to my ch 13 in sept 2005.



thanks

[Hileman]

It is my understanding that you have to wait 8 years. Not sure if it is the same everywhere, but that is what it is here.

[meme]

i looked through the archives and it is actually 6 years under the old law prior to oct 2005. so i think i am safe.


thanks

[aa06a47]

I am not sure if you are actually under the old law (perhaps you are with your current bankruptcy). I don't know if there is the grandfather clause that allows those who filed 6 years ago to file again since they last filed under the old law. My opinion, you won't be allowed another chapter 7 until 8 years have elaspsed. You need to check with an attorney.

[meme]

when you convert from a chap 13 to a chap 7 your original filing date is the date used for your conversion, meaning i filed sept 2005 during old law. under old law you can file a chapter 7 every six years. i verified this with two attorneys. my attorney thought it was eight years also, he made some calls and he said a collegue did a conversion from 13 to 7 and under old law it was six. the only thing i need to worry about now is if i have any disposable income. im currently paying 922.00 a week. i bring home 20.00 . my plan is 100%. i can say i tried the 13 it didnt work for me. all of my utilities are in shut off status and mycar insurance is due to cancel. i plan on surrendering everything and starting over. i also read in another forum that 4 out of 5 people do not complete a 13. they are either dismissed for missed payments or they convert. my hours were cut in january and ive been struggling since then. i had to retain another lawyer because my original lawyer was unresponsive.wish me luck

[aa06a47]

when you convert from a chap 13 to a chap 7 your original filing date is the date used for your conversion, meaning i filed sept 2005 during old law. under old law you can file a chapter 7 every six years. i verified this with two attorneys. my attorney thought it was eight years also, he made some calls and he said a collegue did a conversion from 13 to 7 and under old law it was six. the only thing i need to worry about now is if i have any disposable income. im currently paying 922.00 a week. i bring home 20.00 . my plan is 100%. i can say i tried the 13 it didnt work for me. all of my utilities are in shut off status and mycar insurance is due to cancel. i plan on surrendering everything and starting over. i also read in another forum that 4 out of 5 people do not complete a 13. they are either dismissed for missed payments or they convert. my hours were cut in january and ive been struggling since then. i had to retain another lawyer because my original lawyer was unresponsive.wish me luck

Jan of 98 to May 06 is well over 8years anyway, so old law, new law, don't matter, you should be OK.

Sounds like you need immediate help and relief from your current payment plan. You may have a hard time converting to a 7 given your income. Even without OT, your bringing home nearly 4K per month, which means your making 7-8K per month in income. Have you discussed with your attorney a payment plan modification? (or is your hugh payment because of catching up secured creditors?)

I work in the auto industry and know about OT disappearing. All of mine disappeared about 1 1/2 years ago. Company just said, your a manager, you don't get paid OT, even though I manage a production line that works 10 hours per day. They basically said, If you don't like it, there are people who want your job. I wouldn't be so pissed if my actual hours changed, they didn't.

[meme]

because i filed under old law, to my understanding the new rules dont apply. I work in the auto industry as well. I will be fine converting to a 7. my chap 7 date will be sept 2005 the same date as my chap 13. if anyone can back me up on this info please feel free to or correct me if im wrong.

[onepowerfullady]

I live here in Mississippi and I am in the same boat as Meme. I converted from a thirteen which was filed in April 05 to a 7 in April 06. I have the same case number and it will be the same filing date as when my 13 was orginally filed. I am wondering Meme is it safe for me to find another lawyer in the middle of my 7. I have a very unresponsive lawyer...I feel as if I have thrown away so much money in dealing with her. I owe her 213.00 more dollars, but I don't wanna give her another dime of my money. I have had to do a lot of things on my own.

[meme]

didyou have to go by the means test? did you have your crediors meeting yet? any objections? im shaking in my boots right now because i cant handle the 13 anymore

[meme]

i had to find another lawyer. i paid 100.00 for a retainer and i think he charges by the hour. you have to think this is your livelyhood here, this is your life. in the end you hired her to do a job if shes not working out, i would 1st go talk to a couple of lawyers and explain your case. let them know that your current counsel isn't getting the job done. take all of your paperwork. they'll let you know what they can do. its like either you can help me or not. and then once you retain them. sign the release and get your case going. make sure they can work on your case right away. if you can take some money with you. i know they have payment plans. it took me 3 weeks to come up with 100.00. thats crazy

[meme]

because we're rocking in the same boat we need to do major research. i can pm you my telehone number and we can talk if you want. i dont know about you but for the past 6 months ive been bringing home 20.00 or less out of 1000.00 check per week and i have a 8 year old talking bout stressed

[onepowerfullady]

Chile...I ain't making a hill of beans either. I am going to file a complaint against that lawyer. I am going to see if I can find another lawyer to work on my case as well. I have paid so much money...that I don't have to get get help for my case. I even had the repo man to attempt to pick up my vehicle before the stay was lifted on my car on today. What am I going to do about getting to work!!!

[meme]

When you convert from a chap 13 to a chap 7, do the courts immediatly lift the stay off your car? I plan on surrendering my car but i don't have another one lined up yet. Did you stall the repo man?

[onepowerfullady]

I am in the same boat as you. I filed 13 under the old law as well and then converted to the 7. I don't know yet as soon as I talk with the bank...I will give you the heads up on what to expect...as soon as they file your conversion the car people are going to file a motion to lift the stay almost immediately.

[meme]

I am signing tomorrow and my atty said it should be filed by tuesday. The chap 13 takes $922.00 out of my ck i think i'll get about $27. i just filled up too. oh well im not going to stress. bring it on!