Converting to Ch 7????????

[PhilN]

Hi Everybody,

I filed ch. 13 in Aug of 2007. I lost my job in January of this year and do not have a confirmed case yet. This has been rescheduled for July so as to allow time for me to find a job. Well I finally found a job, but it is an entry level job paying $18,000 less per year and puts me under the state medium income level, according to the means test. My attorney is telling me that I should still continue to do the 13 case. I have mentioned the idea of converting, but the preference seemd to stay with the ch.13. I really don't know which way to go. My payment would now be $100 versus $987 that it was. If I had never filed a 13 and I came to a lawyer now for bankruptcy, they would certainly file a 7.

Can anyone give me some insight about this? My attorney is amending everything and I should get all the paperwork tomorrow to get filed.

Thank you for the help!
Phil

[danaf]

Dang, your attorney is just wanting to get paid more than a 7 would pay him! I say convert to a 7! Shame on your attorney. Check out catchmeifyoucan's posts on this.

[danaf]

ps. don't sign the paperwork until more from here have chimed in. There is nothing saying you HAVE to go in tomorrow to sign just because the paperwork is ready. Believe me - you are a good candidate for a 7 at this point.

[2confused]

Get a second opinion...might need toget rid of first attorney in order to accomplish this.

[epiphany]

From what you have said, my opinion is that your attorney is just trying to save himself a lot of work.

Do what's in YOUR best interest, always.

If it were me, I'd do everything in my power to get into a chapter 7, where your payment will not be 100 bucks, it will be nothing---if you qualify for a 7.

It is hard to comment more than that without knowing more about your situation but if what you are saying is accurate, tell your lawyer what YOU want and do not take No for an answer. If that means finding a new lawyer, sobeit.

ep

[PhilN]

Thank you all for your input. I am going to contact another attorney today and get a second opinion. My case is pretty straight forward, I have about $60,000 in unsecured and have paid about $4,200 into the plan since August last year. Attorney's total cost is $3,600(which is more because af all the amending being done and having to handle an objection with a creditor) plus 10% trustee commission.

If i convert to Ch.7, will both the Ch.13 and Ch.7 filing be recorded on by credit report??

Thank you all, again!
Phil