Conversion to 13 and filing date

[jeep75]

We are over median by about 5k a year and it was close passing the means test for a chapter 7. The Schedule J I gave my attorney showed less than $60/mo left over. Our childcare expense on the schedule J is $140 more a month than the means test because it will be going up at the end of June. I am not sure what, if any, changes he will make to that. I let him know why it is different.

We are meeting with him next week and probably filing that day.

The first visit with the attorney we went in figuring it would be a chapter 13 but he was confident he could do a 7. I don't think he's as confident anymore. I'm almost expecting to be forced to convert to a chapter 13. If that happens does the filing date change or does it remain the date the chapter 7 petition was filed?

[shark66]

Mostly any competent attorney should be able to come with revised expenses and get you where you need to be for Ch. 7. It's not like you have extra $2K left every month...

Expenses are *everything* or very close to it...

My $0.02 only...

Good luck.

[jeep75]

Thanks Shark, we'll see if he uses my numbers or tweaks them at all, I posted the schedule J I proposed elsewhere on this forum. About the filing date, if we are converted after filing does the original filing date remain the same?

[momofthree]

Yes, filing date remains the same when you convert.

[ranlaws]

I converted my case to a 7 pro se, with a few problems but it seems to all be working out good.

[BoxerLover]

I converted my case to a 7 pro se, with a few problems but it seems to all be working out good.

Did you have an attorney when you originally filed your Chapter 13? We want to convert our Chapter 13 to a chapter 7, but the attorney is dragging their feet. She is going to charge $600-$700 for the conversion, maybe I could do it myself????