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Convert 7 to a 13, or file Ch. 20, pros/ cons?

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    Convert 7 to a 13, or file Ch. 20, pros/ cons?

    We are in the 60 club (14 to go!) for our Ch. 7. We are considering either converting to a 13 or filing a 13 after our 7 is closed, in order to pay debts that can't be discharged in the Ch. 7- back state taxes, HOA (our state gives HOA's super liens, so this has to be paid) and post-filing mortgage arrears (l had a medical situation and was off of work unpaid for several weeks post-filing causing us to fall behind, however, my husband is now in a permanent job and makes more $). I know many would suggest just letting the house go, which I understand.
    But, my question is just what would be the pros and cons of converting vs. doing a Ch. 20? Our Ch. 7 included approx. 60k in cc debt and medical bills. What happens to the unsecured debt if we converted 13? I know if we waited until we were discharged from the 7 and filed a 13 we would be in a 100% plan to pay all of the secured and priority claims, but I don't understand how the other debts would fall in conversion situation.
    We have an appt. w/our lawyer, but not til late next week. Doing a Ch. 13 one way or the other seems like the most logical and manageable way to pay off the remaining debts. I've looked at our budget and done calculations and we could afford to pay a Ch. 13 payment on the aforementioned debts, plus laywer costs and admin fees.

    #2
    Originally posted by sealpup View Post
    Our Ch. 7 included approx. 60k in cc debt and medical bills. What happens to the unsecured debt if we converted 13?
    As long as your Ch 7 is successfully discharged and closed before doing anything about a Ch 13, your Ch 7 will discharge all your non-secured debts. Only your secured asset debts will remain.

    To get a discharge from filing a 13 after a 7, you are supposed to wait four years between the filings. However, given that you will have no non-secured debts to discharge in the 13 and are only using the 13 as a court-ordered debt reorganization, the discharge may not matter to you. That means the 13 could be filed at any time after your Ch 7 discharge and closing.

    Talk with your lawyer about the possibilities before making any decisions. Some local courts frown on filing "Ch 20" (a Ch 7 immediately followed by a Ch 13). Best to find out now whether your court is one that tolerates this approach or not.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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