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Converting Question

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    Converting Question

    So the husband and I filed for a Chapter 13 in Sept 2008. The payments come out every week from his pay check. We had only one car for the both of us which was hard enough. He used it to go back and forth to work and I am a stay at home mom.

    The bank got a order to repo the car. Which we didn't get the papers because the bank had a wrong address. That is not a big deal, they can have the car because it was costing us a arm and leg to fix problems with it.

    My question is I filed for a chapter 7 in 2004 after a really bad divorce. My husband I am married to now and I filed a chapter 13. Since 95% of the bills on the chapter 13 were just in his name can we convert to a chapter 7 with just him. The car was in his name only. We are paying over $600 a month on the chapter 13 payments.

    I do not work since I am on VA disability. We have to have a car so we called the trustee and they sent us paperwork to get a loan while under the 13. But if we get a car loan and have 13 payments we will not make it at the end of the month. We will be in the negative. We have 2 young children.

    We filed in ALabama and I am waiting for my lawyer to call me back. He is really good about calling by the end of the day. I just wanted some advice to see if this would work for us.

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