Ok.. I just want to bounce some things out there...
We filed Chapter 7 pro se old law in October 2005 in Hawaii. We converted On 2/15/06 to Chapter 13 under 11 USC 1307, after the UST objected to some expenses, especially because of the car payment of the vehicle we wanted to keep. We want to surrender that vehicle at this point...
We transferred to the western district of LA in January 2007, which is were we are now.
I am a full-time student, and husband is in military. Our income declined about $2000 after leaving HI, becasue while there, we had a large housing allowance and cost of living allowance. Our CH 13 payment of $300 is based on $5400 in income and $5100 in expenses. Now, we have $3344 in income at about $4400 in expenses. Our expenses went down some because of cost of living, but we now have to pay child care, car insurance went up, and transportation went up because, though gas is a little cheaper here, we have to do more driving because we live in a rural area.
We can't afford our plan payment. I cut a lot of stuff, and we just can't keep it up. We want to surrender our car, which will get rid of that payment (outside of the plan now), but we are still in the hole.
According to what I have read, 11 USC 706 (I believe) says that you can convert unless previously converted un 11 USC 1307, which, if I'm reading it right, means we cannot convert back to a 7. I did some reading on hardship discharge. According to 11USC 1328, there are three conditions (unforseeable and not debtor's fault, creditors get as much as in CH 7, and plan cannot be amneded). I think we satisfied these, and we do not anticipate nay major raise in the next year or so. We had 2 weeks notice of a move on military orders (not our fault), so we did not know or were able to plan for the loss of income, we paid in $3000 to our plan, and a CH 7 wouls've been no asset, so we're clear there, and even in amending and reducing expenses, there is still not enough money to fund a plan.
My husband was not eligible at this time for promotion, so there shouldn't be an increase in income. When I finish school, I'll get a job, but that's not until December 2008, so the income is not moving for at least a year.
We are currently without an attorney, as we cut our HI attorney loose, because she's not able to practice here, and was not much help there. I know I need to consult one for more district-specific information, but I wanted to pick the intelligent minds here...would a hardship discharge be feesible, even a little bit...or are we wasting our time?
Sorry this is so long, and thanks for reading, but I wanted to give as much information as possible.
We filed Chapter 7 pro se old law in October 2005 in Hawaii. We converted On 2/15/06 to Chapter 13 under 11 USC 1307, after the UST objected to some expenses, especially because of the car payment of the vehicle we wanted to keep. We want to surrender that vehicle at this point...
We transferred to the western district of LA in January 2007, which is were we are now.
I am a full-time student, and husband is in military. Our income declined about $2000 after leaving HI, becasue while there, we had a large housing allowance and cost of living allowance. Our CH 13 payment of $300 is based on $5400 in income and $5100 in expenses. Now, we have $3344 in income at about $4400 in expenses. Our expenses went down some because of cost of living, but we now have to pay child care, car insurance went up, and transportation went up because, though gas is a little cheaper here, we have to do more driving because we live in a rural area.
We can't afford our plan payment. I cut a lot of stuff, and we just can't keep it up. We want to surrender our car, which will get rid of that payment (outside of the plan now), but we are still in the hole.
According to what I have read, 11 USC 706 (I believe) says that you can convert unless previously converted un 11 USC 1307, which, if I'm reading it right, means we cannot convert back to a 7. I did some reading on hardship discharge. According to 11USC 1328, there are three conditions (unforseeable and not debtor's fault, creditors get as much as in CH 7, and plan cannot be amneded). I think we satisfied these, and we do not anticipate nay major raise in the next year or so. We had 2 weeks notice of a move on military orders (not our fault), so we did not know or were able to plan for the loss of income, we paid in $3000 to our plan, and a CH 7 wouls've been no asset, so we're clear there, and even in amending and reducing expenses, there is still not enough money to fund a plan.
My husband was not eligible at this time for promotion, so there shouldn't be an increase in income. When I finish school, I'll get a job, but that's not until December 2008, so the income is not moving for at least a year.
We are currently without an attorney, as we cut our HI attorney loose, because she's not able to practice here, and was not much help there. I know I need to consult one for more district-specific information, but I wanted to pick the intelligent minds here...would a hardship discharge be feesible, even a little bit...or are we wasting our time?
Sorry this is so long, and thanks for reading, but I wanted to give as much information as possible.
Our budget has been WAY adjusted, as we figured, since it is cheaper to live here than it was in HI, but we downgraded even more, to include moving on-post, but we now have to pay because it is privatized housing, so I don't know what else to cut. We jst can't afford it. We're keeping up our trustee payments at all costs, and we're going to try for the motion. We consulted at JAG, who is helping us write it, though they cannot go to court with us. So at least our motion is professionally written, and they will prep us before court, and the JAG attorney, who is a member of the LA bar, feels good about it, that we at least have a chance. If it is denied, then we have to tough it out or get dismissed. I'm kind of at the point that I don;t care anymore...we haven't anything to take, except wages, and there's not much there to begin with, after almost 13 years, three combat tours, and 4 purple hearts...
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