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Military Service and Ch 13 converting to 7?

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    Military Service and Ch 13 converting to 7?

    I am confused on where I stand for filing Ch 13/7 with military service. I am a reservist and have been given a chance to go to a school that will be about 5-6 months. I want to file before I go to stop the harassment and to prevent being sued while at my military school on orders in another state. I am over the median income from my civilian job, so I would be filing a 13. I would like to go to school and then convert to a 7 once I return since my income will be drastically lower. Does this sound doable? I have as long as I want to make it to this school, it all depends on me and how quick I want to make it happen.

    I'm also confused about the verbiage for 'active duty' and how excusal from the means testing happens. It appears as though you must be ON active duty when the debt is incurred to be excused? Is that correct? Or are you just excused from the test when you are filing while on active duty orders? This is a formal school, so to my understanding it is considered active duty.

    Any ideas or advice is welcome. I had retained a lawyer ($200) and he didn't seem to be upfront. When I asked to come to his office he told me its his living room.

    #2
    Just because you're over the median does not mean you can't file a Chapter 7. Nobody can tell you where you stand unless they fill out schedules I and J to see if younhave enough disposable income to fund a 13.
    Take this test and see what the numbers say.



    Writeoff that $200 and see some more lawyers.

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      #3
      Thanks Keepmine. I guess I've been really intimidated by this since the first day I called around and talked to lawyers. One really nasty woman laughed at me when I told her I was a little over the median and told me there's no way I would ever qualify. She made me feel really guilty and like I was doing something very wrong by even asking. It took me by total surprise.

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