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Misfiled as a 13.. Change?

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    Misfiled as a 13.. Change?

    My attorney had determined I would have $150 DMI every month and I was filed on 11/24 as a 13, 3 year payback.

    I received a copy of my filing the other day, and saw that there was a HUGE error on my Schedule I or J (not sure which it is, the one that lists income). Last year I had a tax refund of $420 which was listed as additional income. Then they made a severe decimal point error in diving that $420 by 12 months. It should be something like $33.91 a month, but they had listed $339.17 a month. So, obviously this should now make me a candidate for a 7.

    I've e-mailed the attorney's assistant, and I've yet to hear back, so I was just wondering what exactly is going to happen now? I haven't had my 341 yet. Will they pull the filing, and refile? Or, start with the 13, and then amend it? I'm trying to figure out some sort of time-frame, as if I am a 7, I've gotta find a way to come up the $ for the lawyer.

    I was thinking of selling my stocks, which are currently listed as exempt, which should get me 1/2 way to the fee.
    Filed 11/24/09, Riding Through Mortgage
    341 on 1/11/10 (easy), Confirmed 4/26/10
    $150 for 36 months (22 of 36 made)

    #2
    Originally posted by markdel16 View Post
    I've e-mailed the attorney's assistant, and I've yet to hear back, so I was just wondering what exactly is going to happen now? I haven't had my 341 yet. Will they pull the filing, and refile? Or, start with the 13, and then amend it? I'm trying to figure out some sort of time-frame, as if I am a 7, I've gotta find a way to come up the $ for the lawyer.
    Well, the Chapter 13 fee was probably more than the Chapter 7 fee. You'd have to work with your attorney to figure out the conversion cost. The court fee is $25, but your attorney will need more hours to work on your case. Since the 341 hasn't occurred yet, this should save you some $$$.

    I don't know what's going to happen, as that's for your attorney and you to work out.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Except the Chapter 13 fee would be paid through the plan, where as the fee for the 7 is upfront, which means I need to come up with some cash all at once.
      Filed 11/24/09, Riding Through Mortgage
      341 on 1/11/10 (easy), Confirmed 4/26/10
      $150 for 36 months (22 of 36 made)

      Comment


        #4
        Originally posted by markdel16 View Post
        Except the Chapter 13 fee would be paid through the plan, where as the fee for the 7 is upfront, which means I need to come up with some cash all at once.
        Oops.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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