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Chapter 13 conversion to 7 procedure

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    Chapter 13 conversion to 7 procedure

    to all,

    Just would like to ask what the average process is for converting a CH13 to a CH7?. For myself in particular my wife and I have been in a ch13 for about 3 years now, my hours are now starting to be greatly reduced
    (im part time) and Hospital jobs have pretty much been frozen with my area. With my newly reduced income forthcoming we would not be able to afford our mortgage ($3650) but still be able to keep up with BK payments. I would just like to clarify the average Conversion proceedings, from what I gather would currently as follows:

    Miss mortgage payments for 2-3 months while still paying BK13 payment--->
    Mortgage Lender will ask to lift automatic stay for forclosure-->
    Trustee will seek to dismiss--> BK attorney seek to convert 2nd to dropped income and surrender house--->
    ???Trustee will do forbearance plan for 3 months to see if my situation changes???--->>
    Situation remains the same--> New Means test to be done? (without/without claiming Mortgage?)--> we should still be -200DMI if I dont get my hours/jobs back
    ??? Conversion approved?

    Thanks all, any and all help appreciated.

    #2
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      #3
      Just to let you know and/or remind you - the weekend is much slower than weekdays here on this forum.

      Good luck.
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

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        #4
        Can you afford your house if you didn't have the plan payment? As far as I know, you seem to have a good understanding of the possibilities. But, if you can qualify for a 7 and can/want to keep your house, you might be better off to just stop making the plan payment, keep your mortgage current and let the Chap 13 be dismissed so you can file a new Chap 7 after your 6 month look back drops your income low enough to pass the means test. Call your attorney first thing on Monday and make an appointment to sit down and talk about your options.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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          #5
          thanks

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