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    Convert from 13 to 7

    Ok now I'm really confused. All this time I was in the assumption that I was going to file for Chap 13 due to our income, altought when we did the means test we did not have any income left. Today, I received my preliminary papers and now they are stating that we are going to file for Chapter 7. Now my question is can you actually file for Chapter 7 even when you are over the median income. If we file for Chapter 7, the Trustee can force us to Chap 13?

    Thank you for any advise.

    #2
    yes many here have been slightly over the median and filed for chapter 7.

    Comment


      #3
      Thanks rrockinggramma,

      I do have another concern, I'm going over the creditor list and they have some of the creditor listed twice on the form, is this is usual? I can understand things like the car, but credit cards, for me that very unussual.

      Comment


        #4
        Originally posted by meetsv View Post
        I do have another concern, I'm going over the creditor list and they have some of the creditor listed twice on the form, is this is usual? I can understand things like the car, but credit cards, for me that very unussual.
        Are you seeing the same creditor listed with the same debt account twice? Or are you seeing the same creditor listed twice with different debt accounts?
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          lrprn,

          They are the same creditor with the same accounts.

          Comment


            #6
            when debts have been purchased by collection agencies they are listed twice, once fore the original creditor and then for the collection agency. Is that the case here?

            Comment


              #7
              rrockinggramma,

              I'm not aware of the debt have been purchased by collection agency, I have not received calls nor letters from collections agencies.

              Comment


                #8
                Originally posted by meetsv View Post
                They are the same creditor with the same accounts.
                If they are true duplicates (same creditor, same account), then work with your lawyer to get them clarified with your trustee. Clerical errors can happen on filing forms.

                Are the amounts owed you are seeing in both instances the exact same amount? If the amounts are different, then you and your lawyer will have to investigate to find out which instance needs to be deleted.
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  lrprn,

                  They are the same account number and the same amount, I have a couple of calls to the lawyer to figure out why they have duplicated the accounts.

                  Comment

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