If we have to convert from a 7 to a 13, how does the income come into play. I've read that you have to submit current income also. In the 3 months after filing Ch 7, my income has gone down by $250 a month when I averge the last 3 months. I work on production so my income is always different. I was working extra prior to filing to try to stay afloat, but that didn't work, so we filed. My husband's income is salary and always the same, but can vary depending on if there are 4 or 5 pay days in a month. We are over median and POA pending. Just curious that if we do go the 13 route if the decrease in income will work in our favor regarding the payment plan?
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Filed Ch 7: 11/2010 and 03/2011
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As I understand it, yes, it would help you. You have to start the 6 month look back over. We are in the same position.
**Note that I am just learning and my attorney has told us about a million inaccurate things so I may be wrong. -
dontburnthep - Thanks for your input. I know the feeling!!
Can anyone else give your experience with this issue??Filed Ch 7: 11/2010 and 03/2011 and closedComment
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You can also use the Lanning decision which is a look forward... look in the stickies for info!Originally posted by dontburnthep View PostFiled 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....Comment
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My understanding is that everything pretty much comes to DMI. If you can prove that you're left with next to nothing after paying all of your bills, you'll still end up in Ch. 7. even if you're over median.
Being a Ch. 13 debtor myself, my advice to people contemplating a switch from 7 to 13 is to fight with all of their might to stay in Ch. 7 and if that proves to be impossible, let the case be dismissed, reorganize and file Ch. 13 once they've gotten all of their ducks in a row for that particular scenario, since it's vastly different from filing a Ch. 7.
My $0.02 only...
Good luck.No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.Comment
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