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Converting from Chapter 13 to 7 question

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    Converting from Chapter 13 to 7 question

    I am currently in chapter 13. I recently got married (filed single)and the wife lost her job. Since we have to wait 6 months to file for chapter 7 because we will then be under the wisconsin means test for income. My question is, can i file in 3 months if our combined monthly income is still under the 6 months total median. If you take her last 3 month wages and the next 3 months of her not working and add them to my 6 months of wages we would be under the median. Would they accept that or do I have to wait 6 months and have her not work for 6 months?
    Hope that made sense.

    #2
    Originally posted by 5sracing View Post
    My question is, can i file in 3 months if our combined monthly income is still under the 6 months total median. If you take her last 3 month wages and the next 3 months of her not working and add them to my 6 months of wages we would be under the median. Would they accept that or do I have to wait 6 months and have her not work for 6 months?
    It's not the number of months you have to wait....it's the total income from all sources that was received during the previous six full calendar months that matters.

    Discuss the conversion with your attorney to find out whether it's in your best interests to convert the 13 to a 7, or dismiss your 13 first and then file a clean 7.
    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

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