13 to 7 conversion

[gomer]

My wife and I are 2 years into a 13. Just had a baby and if she stays home, do you think the trustee would allow us to convert to a 7. We would be under the median without her working. Without her working, we have like no money left after bills and food.

The other option is to stop paying get it dismissed and wait six months and file 7.

[rrockinggramma]

if you can convert, then do so. It will only show up as 1 bk on your credit report. If you dismiss and refile, you will have 2

[MSbklawyer]

My wife and I are 2 years into a 13. Just had a baby and if she stays home, do you think the trustee would allow us to convert to a 7. We would be under the median without her working. Without her working, we have like no money left after bills and food.

The other option is to stop paying get it dismissed and wait six months and file 7.

Yes. You can convert. Absolutely. The trustee can't force your wife to work. The fact that her decision to stay home with the baby puts you under the median can't even be considered by the trustee.

Assuming you qualify for 7 by being under the median, then going from 13 to 7 is a matter of right. You don't even have to show cause. Going the other way -- from 7 to 13 -- can be trickier.

[gomer]

Our income is over the median for the last 6 months. I don't know how much the means test weighs your current income, but our attorney said he would crunch the numbers and see if we could pass it.

Otherwise, we should have a smooth chapter 7, 90 days from the dismissal. I'd rather do a conversion so I don't have to have any creditors harassing me for the 90 day waiting period.