?'s about converting a 13 to a 7

[Gigi1999]

We are thinking about converting our Ch. 13 to a 7.

Firstly, when we filed, they included a large one time side job that my husband did at the time.

Secondly, within a few months of filing, my husband recieved a 10% paycut. We never reported that as we didn't want to deal with more paperwork or hassle. He took on a lot of side work during the past year to make ends meet but has stopped doing so much in the past two months because he was working soooo much (7 am til 2 am the next morning most days).

Everything has been such a hassle since my wreck. I still haven't gotten my check for a vehicle ~ we are doing a motion to sub. collateral. We had to sign papers today to say we wouldn't sue the other driver for physical property (has nothing to do w/ my medical side). The whole ordeal has been rediculous. Not only are we to continue paying the car payment thru our 13, we also have limited options on how we can spend the money. We have to get the same year or newer of the same exact vehicle and we can only buy it thru a Honda dealership. I can not find a 03 or newer van at what I got from the other insurance company. I can't afford to put money with it to buy anything. OH! And, we just found out today that we have to find a car, get it APPROVED by Honda before we can sign papers.

Also, would they include any of the things that he has made over the past few months still? I thought I had read that they don't do one time payments...he had several side jobs but nothing that was "the same". We are at a loss.

Any advice is appreciated.

[Gigi1999]

*bump*

[Pandora]

.....within a few months of filing, my husband recieved a 10% paycut. We never reported that as we didn't want to deal with more paperwork or hassle. He took on a lot of side work during the past year to make ends meet but has stopped doing so much in the past two months because he was working soooo much (7 am til 2 am the next morning most days).

Everything has been such a hassle since my wreck. I still haven't gotten my check for a vehicle ~ we are doing a motion to sub. collateral.

We had to sign papers today to say we wouldn't sue the other driver for physical property (has nothing to do w/ my medical side).

I'm sorry you're having to endure so many issues, accidents are hard enough w/out complications. As to income, always always always report income changes to your attorney, especially if your income goes down and is permanent.

Why is the requirement for a replacement vehicle being dictated by Honda? You should have the option to purchase whatever vehicle you want to when you're in an accident, provided its within the limits of dollars awarded/given. Is there some weird stipulation stating only Honda and only an 03 or newer?

What would require you to sign anything from the guy who hit you stating you wouldnt pursue any other area? You said "we had to sign.." - again is there a stipulation that prevented you from not signing? I hope you have legal counsel to direct you in this matter (personal injury lawyer); never sign anything waiving your rights when you were not at fault.

[Gigi1999]

Why is the requirement for a replacement vehicle being dictated by Honda? You should have the option to purchase whatever vehicle you want to when you're in an accident, provided its within the limits of dollars awarded/given. Is there some weird stipulation stating only Honda and only an 03 or newer?

What would require you to sign anything from the guy who hit you stating you wouldnt pursue any other area? You said "we had to sign.." - again is there a stipulation that prevented you from not signing? I hope you have legal counsel to direct you in this matter (personal injury lawyer); never sign anything waiving your rights when you were not at fault.

We are having to do a substitution of collateral since our van was wrapped up in the BK and we didn't do a 100% repayment plan w/ our 13. Our attorney did the motion to sub. collateral ~ so, instead of paying off the $8200 we owe on the van w/ the money I recd. from my van being totaled, we are taking the money, buying another van (but w/ all the stipulations from Honda...it makes it really hard) and then they get the title until we are finished with the bk in 2.5 years (AND, we keep making payments to them). They are able to dictate it because they agreed to the substitution. Our attorney said that is the easiest way that we could get another vehicle.

We HAD to sign a letter stating we wouldn't sue for anything else with the vehicle in order to get the check for my van. It has nothing to do with my medical...and yes, I have another lawyer dealing w/ my medical claim. He told us to go ahead and sign the property damage thing from the other insurance company. It isn't saying we won't pursue any other area ~ just we won't sue for more money involving the car.

[NowImDownInIt]

Also, would they include any of the things that he has made over the past few months still? I thought I had read that they don't do one time payments...

When did you file? This is a pretty new ruling that was just decided in June 2010.. Prior to that they could look at anything they wanted in your 6 month lookback period.

I don't have any advice on the substitution of collateral as I haven't read much about it and have no personal experience with it, but I'm not sure if that's what you want advice on.

Is the advice you're seeking about the process of converting or whether it's prudent?

Did you not qualify before and now you do (for the 7)? Were you filing to protect assets?

More information on the actual advice you are seeking and why you filed the way you did would be helpful for potential repliers.

I think maybe what you need is to get the accident stuff taken care of and then file an amendment, or vice versa. Only if you have something you are protecting through chapter 13. Otherwise, if you are qualified and see no other options, convert.

I'm not sure what will happen in that case because you are waiting on a settlement check and they sometimes like to take those if you were to convert? IDK.

[Gigi1999]

We would have filed a 7 but were a couple of hundred bucks over limit (after finaggling as much as we could) because of a large one time side job my husband had done 3-4 mos. before filing. As stated, we took a 10% paycut a few months after filing. We are looking at our options ~ if it would be prudent to convert just to get out of all of this because of the car issue right now. Every thing was working wondefully before I got smacked by another car.