We are in the Middle District of Florida:
My question is this...my wife and I just had our 341 meeting, and are thinking of converting her from the Ch 13 to a 7, with me continuing payments in the Ch 13 plan (0% paid back except atty fees and old income taxes from 2003) , until 2012 when I can dismiss and convert to a Ch 7. We are over the median income by $600 per year, but are negative in our DMI. I cannot convert now b/c of a Ch 7 filing in 2004 (bad decisions when I was young), but we are not sure how to proceed.
We are surrendering two homes, our primary (owe $190, 000 and worth $88000) and an investment property currently rented to family. We have a lot of unsecured debt, but are not retaining any assets. Our attorney said my wife could probably convert b/c of our negative DMI, but recommended that we just stay in the Ch 13. Why, I don't know.
We just want all our problems to be put behind us, and get a fresh start. We are starting to recover from a job layoff I suffered in 2009, which is what caused our initial filing to begin with.
The problem is that when we filed we were told that we were going to be in a 36 month plan, even though we were marginally over the median income. We were completely fine with that. Shortly before the hearing, our attorney (not the atty we met with when filing) said that we will have to be in a 60 month plan, and that our payments would probably go up. We are trying to save for when we have to move, and when we know our expenses are going to increase, so our budget does not allow for much more than the $100 we are paying the trustee now.
Does anybody have any thoughts about what we are trying to do? Any successful conversions for one spouse while the other stays in the Ch 13 plan? Thanks.
My question is this...my wife and I just had our 341 meeting, and are thinking of converting her from the Ch 13 to a 7, with me continuing payments in the Ch 13 plan (0% paid back except atty fees and old income taxes from 2003) , until 2012 when I can dismiss and convert to a Ch 7. We are over the median income by $600 per year, but are negative in our DMI. I cannot convert now b/c of a Ch 7 filing in 2004 (bad decisions when I was young), but we are not sure how to proceed.
We are surrendering two homes, our primary (owe $190, 000 and worth $88000) and an investment property currently rented to family. We have a lot of unsecured debt, but are not retaining any assets. Our attorney said my wife could probably convert b/c of our negative DMI, but recommended that we just stay in the Ch 13. Why, I don't know.
We just want all our problems to be put behind us, and get a fresh start. We are starting to recover from a job layoff I suffered in 2009, which is what caused our initial filing to begin with.
The problem is that when we filed we were told that we were going to be in a 36 month plan, even though we were marginally over the median income. We were completely fine with that. Shortly before the hearing, our attorney (not the atty we met with when filing) said that we will have to be in a 60 month plan, and that our payments would probably go up. We are trying to save for when we have to move, and when we know our expenses are going to increase, so our budget does not allow for much more than the $100 we are paying the trustee now.
Does anybody have any thoughts about what we are trying to do? Any successful conversions for one spouse while the other stays in the Ch 13 plan? Thanks.
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