Filed ch. 7 on 6.15.09. My case was audited (of course) and the trustee noticed that my 2008 wages on my tax return did not match my final paystub of Dec 2008. I had neglected to supply the pay stubs from my on call part time job. I have worked there 7 times in the last 6 mos. and I just didn't even think of it. Not a good reason, trust me, I know, but it's the truth nonetheless. Atty said no worries, we'll file an amendment. I had declared the income to the IRS so not to worry, just an oversight. I am under the median for my state and my sched. J shows negative montly net income. Later that same day, the day the amendment was filed, my atty. calls me and says that I should consider converting from a 7 to a 13. He told me the trustee said he found $800 a month that could be used to fund a 13. $800 a month! My sched. J shows a monthly net income of $-64.00!
My atty. said that he was 99% sure that the trustee would file a 707b and that it would look better if I converted before the motion was filed. I agreed and the case was switched to a 13. I checked Pacer and it had indeed been switched to a 13 and it is labeled an asset case. I have no house - I rent. My condo went into foreclosure the end of February. I have no car - I drive a leased car that belongs to the company I work for, and I have no assets. . . no 401K, no savings, no nothing. No jewelry, no "toys", nada! My atty says not to worry, we'll meet next week and go over everything, tighten up my expenses . . . famous last words.
My questions are . . . since this case has already been converted once, I can't convert back, can I? I have to have this case dismissed and then refile again as a 7 in 6 months? Or does the trustee have the power to switch it back to a 7 when he realizes that there is indeed no money to fund a 13? If I had $800 left over as disposable income every month, I would not have filed ch. 7 in the first place! I am now thinking I should have let him file the 707b and then fight it . . . I feel like I am being made an example of but it may be my own current distaste for the court system as I just got out of three year lawsuit in Dec 2007 over a faulty HVAC system in the condo that was foreclosed on . . . the suit cost me $20,000. That's what has led to me to file ch. 7.
Has anyone else filed ch. 7 and then been forced to a ch.13? Any insight would be great. I am making myself crazy!!
Thanks!
My atty. said that he was 99% sure that the trustee would file a 707b and that it would look better if I converted before the motion was filed. I agreed and the case was switched to a 13. I checked Pacer and it had indeed been switched to a 13 and it is labeled an asset case. I have no house - I rent. My condo went into foreclosure the end of February. I have no car - I drive a leased car that belongs to the company I work for, and I have no assets. . . no 401K, no savings, no nothing. No jewelry, no "toys", nada! My atty says not to worry, we'll meet next week and go over everything, tighten up my expenses . . . famous last words.
My questions are . . . since this case has already been converted once, I can't convert back, can I? I have to have this case dismissed and then refile again as a 7 in 6 months? Or does the trustee have the power to switch it back to a 7 when he realizes that there is indeed no money to fund a 13? If I had $800 left over as disposable income every month, I would not have filed ch. 7 in the first place! I am now thinking I should have let him file the 707b and then fight it . . . I feel like I am being made an example of but it may be my own current distaste for the court system as I just got out of three year lawsuit in Dec 2007 over a faulty HVAC system in the condo that was foreclosed on . . . the suit cost me $20,000. That's what has led to me to file ch. 7.
Has anyone else filed ch. 7 and then been forced to a ch.13? Any insight would be great. I am making myself crazy!!
Thanks!
Bankruptcy Wizard
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