Is there a minimum income level for a ch 13? My mom went to a attorney consult and even though she could show a surplus enough to pay the attorney and trustee with 0% to unsecured, he said she didn't make enough to file a 13 and won't qualify for a 7 for two years. Has anyone heard of this. Her income is under $800/month does this immediately disqualify her?
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Your mother obviously filed Chapter 7 in or around 2004. At that time, when one filed Chapter 7, another Chapter 7 could not be filed for 7 years. The time periods are set to keep people from abusing the bankrtupcy system. When the new law passed in 10/05, it was extended to eight years. Your mother would not be able to file Chaper 7 again until 2011 if the two year period you mention is correct. Therefore she would have to file a Chapter 13. However, it appears your mother is at poverty level with her income (does she work or is this income disability or SS?). It's obvious your mother does not have much to live on. You do not post the amount of her debt or any assets she may have, if she is living alone or with family, etc._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket" -
More info please. There are many reasons but without a bit more information, we can't help her. For example, why did the lawyer say she could not C7? Has she C7 in the past? If so, she cannot do so for 8 years after her discharge in a previous C7. How much debt does she have? If she cannot pay a little to her debtors, she will be on the hook for at least three years anyway. Why does she want to do a C13 with such little income? Is it because she bk-ed before? Can't help you too much without info. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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Is it 8 yrs from the time of filing or from the discharge?Originally posted by AngelinaCatHub View PostComment
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file date to file dateComment
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