I am so upset!

[angel7821]

This morning when I got to work my boss told me I was being cut back to only working 3 days a week and that will drastically cut my income. I will only have 13.00 a month to live on now after my car payment and trustee payment is made every month. I just got off the phone with my lawyer and we will dismiss my 13 and file a 7 in 6 months. In march of this year my 8 years will be up since I did my last chapter 7. Lawyer says I can't just convert to a 7. I am going to really hate the creditors calling me again. I actually thought of suicide today. Just don't have the guts to do it.

Lawyer also said it does not pay to try and get the trustee payment lowered cause when I filed we started out with 132.00 a month for a payment and trustee would not accept that. I had to actually go out and find a higher paying job to get my plan confirmed. I think I am royally screwed this time.

[tobee43]

This morning when I got to work my boss told me I was being cut back to only working 3 days a week and that will drastically cut my income. I will only have 13.00 a month to live on now after my car payment and trustee payment is made every month. I just got off the phone with my lawyer and we will dismiss my 13 and file a 7 in 6 months. In march of this year my 8 years will be up since I did my last chapter 7. Lawyer says I can't just convert to a 7. I am going to really hate the creditors calling me again. I actually thought of suicide today. Just don't have the guts to do it.

Lawyer also said it does not pay to try and get the trustee payment lowered cause when I filed we started out with 132.00 a month for a payment and trustee would not accept that. I had to actually go out and find a higher paying job to get my plan confirmed. I think I am royally screwed this time.

understand the circumstances couldn't you convert to a chapter 7????? anyone???

[chicagoannie]

Angel - can you apply for unemployment compensation due to your wages being decreased? You would not get the full benefits but even partial benefits would help.

[momofthree]

understand the circumstances couldn't you convert to a chapter 7????? anyone???

No, that is not an option since a previous ch.7 is what prevented her from filing a ch.7 from the get-go. When a case is converted, the original filing date is used. Since she didn't qualify at that time due to the previous bk, she cannot convert. She CAN dismiss her 13 and re-file as a ch.7 as soon as she is eligible.

[angel7821]

Angel - can you apply for unemployment compensation due to your wages being decreased? You would not get the full benefits but even partial benefits would help.

I don't qualify for unemployment as I was hired as an independent contractor. I pay my own taxes.

[angel7821]

If I would try to lower my payment would the trustee just dismiss the case if he didnt like the payment amount offered or would he at least give me notice that he was going to dismiss the case? Trustee was a real a$$ at the 341 hearing. I hate to have to deal with him again.

[LadyInTheRed]

The trustee cannot dismiss the case. He files a petition or motion to dismiss the case. The judge is the only one who can dismiss a case. Filing a motion to amend a plan is not grounds for dismissal, but missing your payment is.

If you submit an amended plan with a lower payment and you (your attorney) and the trustee cannot reach an agreement, it goes to the judge to decide. The key is you have to have an attorney willing to fight for you. Your circumstances have changed, so the fact that a lower payment was rejected by the trustee before, doesn't mean it will be again. Your attorney should have a better reason than that to rule out an amended plan. Do you have arrears, nonexempt assets or other minimum amounts that must be paid that would make a plan with a lower payment unfeasible?

ETA: Is the calls from creditors the only reason you don't want to dismiss the 13 and file a 7? If so, just use caller id and don't answer their calls. If you can file a 7 and be done with it, calls from creditors for a while is not a good reason to stay with the 13.

[sassiebaz]

Is there a waiting period that you have to wait before filing the ch7? You said wait six months, is that a requirement?

[angel7821]

The trustee cannot dismiss the case. He files a petition or motion to dismiss the case. The judge is the only one who can dismiss a case. Filing a motion to amend a plan is not grounds for dismissal, but missing your payment is.

If you submit an amended plan with a lower payment and you (your attorney) and the trustee cannot reach an agreement, it goes to the judge to decide. The key is you have to have an attorney willing to fight for you. Your circumstances have changed, so the fact that a lower payment was rejected by the trustee before, doesn't mean it will be again. Your attorney should have a better reason than that to rule out an amended plan. Do you have arrears, nonexempt assets or other minimum amounts that must be paid that would make a plan with a lower payment unfeasible?

ETA: Is the calls from creditors the only reason you don't want to dismiss the 13 and file a 7? If so, just use caller id and don't answer their calls. If you can file a 7 and be done with it, calls from creditors for a while is not a good reason to stay with the 13.

I am only paying the credit cards in the 13. And yes I dont want the calls from them. It was bad enough before I filed but I guess I will have to put up with that crap again. I may try to get the payment lowered. I will call my lawyer back in the morning.

[angel7821]

Is there a waiting period that you have to wait before filing the ch7? You said wait six months, is that a requirement?

Yes it is a requirement since I filed a 7 in 2003. I have to wait 8 yrs to file another 7.

[justbroke]

angel7821, first, I think your lawyer is doing the right thing and I'm not going to question his motives and strategy, because it is true that you can't convert since the filing date would be when you filed the Chapter 13, so wouldn't be able to technically convert to Chapter 7.

angel7821, I'm concerned about what you wrote earlier about ending it all. I hope that you have friends, family or a doctor who can help you through this. I don't believe the creditors will be THAT bad when you dismiss your case. You can always change your number and KNOW that you will be filing a Chapter 7 soon anyhow.

Finally, I'm frustrated to hear that an attorney suggest that you go get a job to make more money, to fund a Chapter 13. Unfortunately, you weren't able to file a Chapter 7, but still... earn more money so you can pay more into the plan?

[sassiebaz]

In support of what Justbroke said, nothing in this world is worth taking your own life. You are a valuable person no matter what your financial standing is. Yes, I understand the stress. You will get through this, I promise. Change your number, put your phone on silent..whatever you have to do. I am in a similar situation. We are going to ask for a dismissal of our 13 and then we are planning to file ch7 in May. I don't believe ALL creditors will be harrassing you OR me for that matter. I think some of them may follow up on the CH13 dismissal and try and contact you, but what if they don't? So many of us have found ourselves in this unfortunate financial rut, so just know you are NOT alone!

[angel7821]

I am not throwing in the towel just yet on my 13. My boyfriend will help me out financially with groceries and gas money and anything else I will need. If I can just get through this year my car will be paid off then I will just have the trustee payment. I almost have one year done with my 13 now and am trying so hard to finish this thing. I do have to give the trustee my tax refund. Would be nice if I could keep it but such is life in a 13 I guess. I will continue to look for a 2nd job to earn more money. But there is not much out there job wise. I have been looking all week and came up with nothing. It is going to be a tough year but somehow I am going to get through this.

[RunningMan]

If you can't find another part time job, perhaps you could use the opportunity to start a side business. Some, such as house cleaning, have very little start up costs.