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Convert to Chapter 7 after getting remarried

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    Convert to Chapter 7 after getting remarried

    Hello, and thank you in advance for any advice.

    I'm one year into my Chapter 13 Bankrupcy. From start to finish it took approx two years to complete. My husband left me while I was 1/2 way through nursing school and employeed full time in a position I held for 10 years. I was left with most of the unsecured debt and my car and car payment (upside down/owed to credit union). We were able to sale the house prior to my filing so it was not included. My credit was perfect until my first divorce (720). The only secure debt I have is the car and I have no assets. I rent. I am in a 10% plan which does not include my student loans. After filing and having my bankrupcy confirmed. I completed nursing school, by the skin of my teeth, and failed my nuring boards. I subsequently lost my good job of ten years. I was able to find employment however, not at my previous rate of pay.

    Recently I passed my nursing boards, re-married a wonderful man who understood my situation and assured me that he would help as I explained the hardship of living on a "disposable income." Just when things were looking up it appears that my new husband has lost his job and unemployment is not an option. We are now a one income family and I'm only getting around 30 hours a week. He has two children and child support obligations. Under the means test we could qualify for Chapter 7 now. He is in the automotive industry. He is willing to file Chapter 7 with me and I think that may be the best thing for both of us to do now that our options are so limited. We don't want to get to far behind on child support and my student loans are in deferment while I'm in bankrupcy and we all know the interest on those will be adding up monthly.

    Please don't think I'm a dead beat person. I'm only looking at options due to the extreme circumstances this has placed us in, going from bad to better and now we're living the worse.

    Any advice would be greatly apprecaited.

    #2
    Given what you've shared here, Ch 7 is a real possibility. If you haven't already, contact your lawyer and share the changes in your life. Work with him/her to see if you can qualify to convert your case to Ch 7. Good luck - hope everything works out in your favor!
    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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