Denying Chap 7 Conversion

[Lostitall]

I filed in July 09 and was placed in a Ch13 paying back $400/month. Lost job in September and re-filed for Ch 7 in Dec. I saw a PACER post about that Presumable Abuse clause. Calculating my income for the last 6 months comes out to $750/month. So in the greedy efforts of the UST, could this backfire on them as the Florida Means Test shows me with a negative $1700/month available for payback? By law, I think the Florida Middle District owes me that $1700.

[kornellred]

I don't think your Chapter 7 conversion could be denied anywhere if there is sufficient evidence to support it. If you cannot fulfill the payment plan of your Chapter 13, it will be dismissed. But you have to qualify - you may be looking at a Chapter 13 plan modification.

[justbroke]

I'm actually lost. Did you actually convert your case -- by filing a Notice of Conversion -- or did you dismiss your Chapter 13 case and re-file? Those are separate and very distinctly different. Now, as to whether your Chapter 7 case could be dismissed for abuse, that will still depend on factors including your expenses and income.

There is no law that reads if you have $-1700 a month in income, that the Courts, County or someone else "owes" you.

Also, just because you show $-1700 a month in negative income, that doesn't mean that the surrender of your home, won't make it a positive number... and backfire on you. I hope that you have competent counsel.