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Conversion from 13 to 7 / Mostly Gambling Debt

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    Conversion from 13 to 7 / Mostly Gambling Debt

    Since gambling seems to come up as an issue lately, I've decided to let other (gamblers) view my "time line," with the bankruptcy ordeal. I'm filing in the state of VA. No assets, all unsecured (approximately $65g's of unsecured debt (cc's/consolidation loans/1 small bank overdraft). Lots of talk in here about waiting 60-90 days if cash advances were made. Based on my time line since I filed, I'm assuming I went beyond the 60-90 days from the time I actually filed for Ch13 through the time I converted to Ch7. I dunno, you tell me, but that's how I view it:

    MARCH: applied for another cc - granted $10,000 credit line - transferred over to pay off another cc
    APRIL - gambling spree (at least a $4000 cash advance from cc in atlantic city)
    MAY - checked into a DMP (unapproved by the courts) i know, dumb - eh
    JUNE - got spooked after paying the DMP $500, and almost stood to lose another $3000 in just there fee alone! Did research and decided that BK was best in the end. SCREW the DMP. Got hooked up on this lawyers website, took the CCCS course he had a link too (approved by the courts) got certificate, retained the lawyer.

    Note: up until the time I filed I do want to add I was still paying the creditors at least the minimum if not something! as I didn't want to look like I was commiting fraud with those big cash advances!

    JULY - got a lucky hit, paid the lawyer $2000, filed Bk end of July

    Stopped paying the creditors !

    AUGUST - Ch13 341 meeting
    SEPTEMBER - Trustee objects to plan
    OCTOBER - Meeting before the Judge, he practically said if I quit one job I could file for chapter 7. But if I continue to work 2 full time jobs (in which the courts weren't forcing me to, than I would expect to pay back $800 a month for the next 5 years); I decided to quit one job, and converted my case to chapter 7
    NOVEMBER - Ch7 341 meeting

    January 8th, last day for objections, awaiting discharge. Im happy to offer this timeline because I know it will help folks like me to kind of get a picture of what they might be up against. Really, not too many issues with my Bk, just the fact that I had been working 2 jobs which threw me over the median. My gambling was never even brought up!

    Had I listened to my lawyer in the beginning (quit one job) maybe my Bk would be over by now, but maybe things happened the way they did, as far as putting my cash advances further apart from my filing day/conversion date? WHO Knows.

    Hope this helps someone out there worry unnecessarily, Bk is stressful enough don't add to it by worrying too much. We don't pay couple thousand to the lawyer for the system NOT to work, you know?
    Maybe I got lucky again just sliding below the radar of the cash advances as one lawyer put it. Who knows! Don't get me wrong - I still worried. When I worry things seem to work out different than what I worried about. When I feel too confident things don't seem to work out. And I still have until next Monday/Tuesday to worry!

    (Modifiers, feel free to delete if this post seems too personal)

    Best Wishes, Catchmeifyoucan
    Last edited by CATCHMEIFYOUCAN; 01-01-2007, 09:33 PM. Reason: just adding a note
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

    #2
    Though my case doesn't involve gambling debts, I did convert from 13 to 7. I've got an issue going on in my case that's a bit disconcerting. The deadline to object to discharge passed on December 4. The deadline to object to the 13 trustee's final report (about the distribution of pre-conversion plan payments) passed on December 14. The 7 trustee already filed his report of no distribution. I haven't yet gotten my discharge.

    I elected to pay the filing fee through my plan payment. I had paid into the plan more than enough to cover that fee. The 13 trustee's final report says that the fee is (to be) paid. Yet PACER says it hasn't been paid. I think that's holding up my discharge.

    I was wondering if you had something similar going on in your case.
    DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

    Comment


      #3
      Bige1030

      Though my case doesn't involve gambling debts, I did convert from 13 to 7. I've got an issue going on in my case that's a bit disconcerting. The deadline to object to discharge passed on December 4. The deadline to object to the 13 trustee's final report (about the distribution of pre-conversion plan payments) passed on December 14. The 7 trustee already filed his report of no distribution. I haven't yet gotten my discharge.
      Did you have another 341 meeting? For Chapter7 THAT is? Usually the 60 days starts over after the NEW Ch7 341 meeting???
      I elected to pay the filing fee through my plan payment. I had paid into the plan more than enough to cover that fee. The 13 trustee's final report says that the fee is (to be) paid. Yet PACER says it hasn't been paid. I think that's holding up my discharge.
      I think the trustee and the clerk need to get together and straighten this out. While I was in the 13, I think I had already paid the FILING fee to my lawyer (not within the 13 plan). The only amount I had to pay at the original Ch13 341 meeting was the first payment towards the plan. The other fee that was not paid was the $1000 to the lawyer that was within the plan (you see it cost me about $3000 for the lawyer which includes all fees/cccs class/ch13/ch7/conversion fee(s). But because I converted I no longer owed the lawyer $1000. Because of the conversion, Ch7 was a $1000 cheaper than Ch13.
      I was wondering if you had something similar going on in your case.

      No, I don't. Nothing abnormal YET, and only 6 days away from discharge!
      Did you file pro se, or do you have a lawyer? If no lawyer definitely call the trustee or clerk to straighten this out! Sorry to hear this!


      Best Wishes, Catchmeifyoucan
      Last edited by CATCHMEIFYOUCAN; 01-03-2007, 01:19 AM.
      July 2006: Filed Ch13 :blink:
      Oct 2006: Converted to Ch7 :clapping:
      Jan 2007: DISCHARGED :clapping:
      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

      Comment


        #4
        Originally posted by CATCHMEIFYOUCAN View Post
        Did you have another 341 meeting? For Chapter7 THAT is? Usually the 60 days starts over after the NEW Ch7 341 meeting???
        Yeah, the Ch 7 341 meeting was on October 5, and the deadline for objections was December 4. (The Ch 13 341 meeting was on August 16.)

        Originally posted by CATCHMEIFYOUCAN View Post
        No, I don't. Nothing abnormal YET, and only 6 days away from discharge!
        I really want to say, Don't get your hopes up! (given my experience) but I suspect you might get your discharge sooner than I will!

        Originally posted by CATCHMEIFYOUCAN View Post
        Did you file pro se, or do you have a lawyer? If no lawyer definitely call the trustee or clerk to straighten this out! Sorry to hear this!
        I do have a lawyer. I emailed his paralegal a couple of weeks ago asking when I'd get discharged. She said she didn't know...about 4-6 months from conversion (which was filed on August 30) is what she said. I didn't mention the filing fee not having been paid yet. The only reason I know it hasn't been paid is the "FeeDueINST" flag on my "Case Summary" in PACER.
        Last edited by bige1030; 01-03-2007, 11:53 PM.
        DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

        Comment


          #5
          how much did your conversion cost, total? (estimate)

          I am kind of in the same boat....converting possibly...and was wondering what a good estimate was of the payment you had to make to your lawyer for doing so??

          Comment


            #6
            My original lawyer in HI wanted $1000. I already paid $2600, and it was too much for me, in a 13, with no income to spare. I had my case transferred to Louisiana, since we recently moved here, got rid of my HI lawyer, and checked lawyers here. It was about $600. I still need to convert, but don't have the money, so we're still trying to hang on. Anyway, I digress...hope this helps!
            Filed CH7 - 10/13/05;
            341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
            Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
            DISCHARGED: 2/15/08

            Comment


              #7
              InSeriousDebt

              how much did your conversion cost, total? (estimate)
              --------------------------------------------------------------------------
              I am kind of in the same boat....converting possibly...and was wondering what a good estimate was of the payment you had to make to your lawyer for doing so??


              When I filed for Ch13 I was going to end up paying the lawyer $3000 (but $1000 of that was included in the Ch13 plan), he said that I only had to pay $2000 and that he would be getting the rest of the money through the plan like all the unsecured creditors were getting. But since I converted he said I didn't owe him a cent more. And when I was looking through PACER I notice the conversion fee was only $15.00 - I assumed my lawyer took care of that because it sure didn't come out of my pocket! Could be different in other States though, I dunno.

              Best Wishes, Catchmeifyoucan
              Last edited by CATCHMEIFYOUCAN; 03-04-2007, 08:44 PM.
              July 2006: Filed Ch13 :blink:
              Oct 2006: Converted to Ch7 :clapping:
              Jan 2007: DISCHARGED :clapping:
              Nov 2007: CLOSED :yahoo::yahoo::yahoo:

              Comment

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