Curious

[lessonlearne]

Hello- I am just over 2 years into a ch 13. My husband and I are going to relocate. First how does this work with moving to a new state? I filed by myself.

Also my next question is when we move my income will go down.....my husband's will stay about the same. (eventually my husband's will go up) Anyway my question is we might qualify for ch 7 with the income levels....but I am wondering rather than converting would a judge ever change the time on a ch 13 from 5 years to 3?

[AngelinaCatHub]

Hello- I am just over 2 years into a ch 13. My husband and I are going to relocate. First how does this work with moving to a new state? I filed by myself.

Also my next question is when we move my income will go down.....my husband's will stay about the same. (eventually my husband's will go up) Anyway my question is we might qualify for ch 7 with the income levels....but I am wondering rather than converting would a judge ever change the time on a ch 13 from 5 years to 3?

I'm not a C13 person but I can help with the last question, yes if you pay out 100% your C13 would be discharged early. 'Hub

[boomerkae]

Hello- I am just over 2 years into a ch 13. My husband and I are going to relocate. First how does this work with moving to a new state? I filed by myself.

Also my next question is when we move my income will go down.....my husband's will stay about the same. (eventually my husband's will go up) Anyway my question is we might qualify for ch 7 with the income levels....but I am wondering rather than converting would a judge ever change the time on a ch 13 from 5 years to 3?

I am interested in the thoughts folks have to share as well. We just filed, have our first hearing early Feb. We will be moving to VA sometime late winter/early spring. My husband will be quitting work to be a stay at home dad, I'll keep my job. We are looking at possibly converting to 7 when feasible, but we aren't sure yet.

[goon]

I am sure you will get some more experienced answers here, but I would be careful. My lawyer warned me that voluntarily doing anything that would reduce my income could cause significant issues with my ch 13.

[lrprn]

First how does this work with moving to a new state? I filed by myself.

If you haven't already, you need to immediately notify your lawyer that because of employment changes, you will be relocating to another state. You continue to make your Ch 13 payments on time as well.

After you move, you provide your lawyer with your new mailing address and ask him/her how to notify your trustee and the court about your change of address as well. This way your lawyer, your trustee, and the bk court can send any mailed notices about your case to your new address. The court typically notifies your creditors about your change of address as well, but confirm that with your lawyer to ensure this is your court's practice.

Also my next question is when we move my income will go down.....my husband's will stay about the same. (eventually my husband's will go up) Anyway my question is we might qualify for ch 7 with the income levels....

Since you didn't file together, then everything depends on how your income and your husband's regular contributed income to the household both change after the move. With your income reduction, you could have to file an amended plan in your original state. Your lawyer can also help you figure out if you now qualify to convert to Ch 7 or not.

About your husband's eventual income increase - that's just speculation. Until it actually increases and shows up in his paychecks, any future potential income increases don't impact your case.

Becuase it takes a little time for the post-moving costs and expenses to sort themselves out, most lawyers recommend waiting a few months after you move to get a sense of your new income and expense levels plus what your husband will be contributing to the running of the household. Then it's possible to figure out if your current plan has to be amended or if you qualify to convert to Ch 7 and the potential consequences if you do.

...but I am wondering rather than converting would a judge ever change the time on a ch 13 from 5 years to 3?

Again, everything depends on what happens to your household's income and your expenses after the move. If you do have to stay in a Ch 13 and now have less than approximately $170/month of disposable income, then it's possible to convert a five-year Ch 13 to a three-year Ch 13. Even though you've moved to a new state, your original state's income and exemptions are used to sort that out.

Keep us posted about what you find out from your lawyer and good luck!