| Author |
Message |
|
|
Abel
Guest
|
 Posted: Sun Jul 02, 2006 11:49 pm Post subject: Converting from Chapter 7 to Chapter 13 |
|
|
I had filed for chapter 7, its been quite some time now and waiting for the final discharge. The case is pending in court. A friend suggested converting to chapter 13. is it possible?
_________________
Need help choosing the right loan? Get free consultation from community lenders/consultant |
|
|
aaron
Guest
|
| Posted: Mon Jul 03, 2006 12:26 am Post subject: |
|
|
Hi Abel,
A pending Chapter 7 bankruptcy can be converted to Chapter 13 if there is any abuse of the procedures for the previous type. The debtor may not be able to satisfy the Means Test wherein his current monthly income (CMI) is expected to go beyond $100 on a monthly basis throughout a time period of 5 years.
thanks |
|
|
Abel
Guest
|
| Posted: Mon Jul 03, 2006 12:27 am Post subject: more on chapter 13 |
|
|
| What if I can't complete chapter 13 payments. It's not that I cannot, just trying to get more info before I set out for the conversion? |
|
|
 colin
Moderator
Joined: 30 Jun 2006
Posts: 602
Location: Waltham, Massachusetts
112.65 Dollars($)
|
| Posted: Mon Jul 03, 2006 12:41 am Post subject: RE: |
|
|
Hi,
You will have the probable options if you fail to make the chapter 13 payments.
- Dismiss the chapter 13 case.
- If you are not able to pay on account of circumstances for which you are not responsible, the court may allow you to close the case and obtain a partial discharge.
In general, debtors can convert to a chapter 7 bankruptcy if they fail to make up for Chapter 13 payments. Since you have initially filed chapter 7, so in your case, only the above options can tried out.
Know more about Chapter 13 from an article at http://www.mortgagefit.com/bankruptcy/chapter13.html
Thanks |
|
|
Mehrtz
Guest
|
| Posted: Wed Oct 07, 2009 7:15 pm Post subject: Chapter 13 |
|
|
| As I understand it, I need to have a job to file Ch 13 but I have been trying to get a job for 5 months with no luck. What happens if I have no job? |
|
|
Guest
|
| Posted: Thu Oct 08, 2009 2:23 am Post subject: |
|
|
| Mehrtz...you need to make payments under the Chapter 13 plan. So, if you do not have a job it would be difficult for you. However, if you have social security income or disability income, then you may not face issues in paying the dues. I would suggest you to have a word with a bankruptcy attorney and take his opinion. |
|
|
raymond
Community Experts
Joined: 03 Jul 2009
Posts: 313
Location: Irvine, CA
60.06 Dollars($)
|
| Posted: Sun Oct 18, 2009 10:47 am Post subject: |
|
|
Why is your friend telling you to do a 13 instead of 7? Chapter 7 is much faster and liquidates all unsecured debts. You can have good solid reestablished credit in a couple years with a chapter 7, whereas you'd still be in bankruptcy with the chapter 13.
_________________
Raymond
www.ReverseMortgageCalculator.org |
|
|
