anyone here try for a 7 and was forced into a 13?

[bnkrptinva]

My 341 meeting is on May 19th. I'm borderline in filing my 7. I didn't want to wait for my bonus to fall off the 6 months because I could not continue to have calls at work from cc's and I cannot tell them not to call in front of colleagues as everyone will know my business.

Want to know what created the issue for you to be forced to convert to a 13.

Thanks.

[DUMBAGAIN]

What chapter you can file depends on your income.

Debtor must pass the “means test” which determines eligibility for Chapter 7. People with incomes higher than state median income will have difficulty being eligible for Chapter 7.
So if you don't pass the "means test" you have to file Chapter 13.

[StartingOver08]

Actually, it is not only your income that determines your filing. It is also your expenses. You can have above median income and still file a Ch 7.

The key is the expenses to offset the income. Most of us that filed a Ch 7 with above median incomes had negative disposable income due to high expenses.

[bnkrptinva]

In my case, I passed the income portion of the means test, was just below (because of a one time bonus). So the rest of the test wasn't done. My expenses (sch J) show me with 196 left over (but I have circumstances to where that will change by October this year). Attorney said if they bark, she will finish the means test anyhow, and based on the irs standards, I'd show a zero or negative on that. The only other thing I'm wondering, I do have 401K contributions. They might bark at that..say that I shouldn't do it, instead pay a 3 year 13. Again, when my baby comes in October though..I would just convert back to a 7. Would just be very nice if they'd approve me a 7 now, because by the time I started a 13, I'd be immediatly back into a 7. I guess I'll find out May 19th.

[catleg]

If it's a matter of calls at work, I would suggest trying to C&D them with respect to the work phone and make sure they have your home phone and talk to them maybe once a month. Otherwise they start calling all over the place as if the only problem is that you've forgotten to pay their blood money @29.99%.

My work phone is a virtual mailbox and I get very few messages, but then again for all I know it could be ringing off the hook with autodialers who never leave a message. The beauty of work from home.