My WORST Nightmare has come true - 7 to 13

[PaKettle]

I bet there is a lot of that so they sit like rattle snakes & then take it out on the filer to get even with the attorney. That is what I have been thinking will happen to me and yes it will be my worse nightmare. That is actually what one of my questions will be if i don't blow my brains out first...How do you & the trustee get along? Very important question.

Problem is, in some cities you don't know which of many trustees you are going to get until the day you file. In fact, unless you live in a very rural area that is probably most often the case.

[FreshLikeADaisy]

I bet there is a lot of that so they sit like rattle snakes & then take it out on the filer to get even with the attorney.

Unfortunately, I think you're right, Bandit... but some people are just like that: they hold a grudge for however long, and just wait for the chance to stick it to the person they dislike. Most people don't throw third parties under the bus, though, grudge or not, so hopefully it's rare enough. And like Pa says, it's the luck of the draw. So don't load your gun just yet... and use chocolate bullets if you do.

[brokeinmichigan]

Our attorney made some stupid mistakes when filing our BK7, too. Wrong accts, bank accts/loans left off, etc. I called his paralegal and she fixed some things, but in the end, there was still stuff that was wrong. It didn't seem to make any difference for our trustee, or us.

As for the trustee, our atty said we must be living right...we got the trustee that "we wanted" (according to the atty). They had a good working relationship. Our atty said that this trustee was pretty laid back, and better yet, too lazy to create much work for himself!

So, even being over the median income, and right on the line for the schedules, we sailed through without too much trouble. Our atty did tell us that there was a 20-30% chance of the trustee recommending a 13, but he didn't.

So, even experienced BK attorneys make mistakes, but if they have a good relationship with the trustee, that can make a huge difference.

You might give serious consideration to some of the expert advice here and dump your so-called atty and go pro-se.

Best of luck!

[nojusticehere]

The first payment is due within 30 days of filing, and your date of filing for your 13 will be the date you actually convert, that the oder granting the conversion issigned. That's how mine was, anyway.

I filed chapter 7 on 2-8-08, however as I have found out I'll be converting to a 13. Now I assume my atty will be e-filing papers next wee to convert ( if I ever get in to see him (he had to cancel on me today and will call me on Monday, ugh). So, when does the conversion actually happen? Is it when the trusty accepts it, when it's e-filed, or when I sign it? or?????...... I need to plan my budget and make sure I can pay it on time. I filled out the forms over the last 2 days and found that I will be paying $430 a month for 60 months. Ugggg!!! Lets hope my atty comes up with a better figure. God, I hate this. It was such a let down from a 7 to a 100% pay back. It was like I was hit in the head with a sledge hammer. Anyway, thanks for your assistance!!!!

[Bandit]

. So don't load your gun just yet... and use chocolate bullets if you do.

Chocolate Bullets? har har!! and chocolate downers and chocolate car exhaust & chocolate razor blades with chocolate cyanide.
That made me laugh & I needed it.

[FLBK7]

Well, my lovely atty screwed up on my paperwork. He rec'd a letter from the Trusty noting errors on line 20a, 22, and one other area on Schedule I and J. My atty accidently put a 1 in front and the entry turned out ast 1,284, instead of 294. on line 20a. GOD!!!!! Now the trusty says I have $588 disposable income. My atty and I got it down to $499, but it looks as though (before the Chap 13 calculations) I'm going to be at 100% for 60 months. It also asked for 6 months bank statements, 6 months worth of pay stubs, and 4 years of tax returns. So I go from a 7 to a 13 with 5 years to pay. Could it be any Worse!!!!! Yes it could! Come to find out this Trusty HATES my atty! I'm super stressed now!!! He has until Monday to get the paperwork in or my case will be dismissed.

I'm so sorry this is happening to you. There is really no excuse for attorneys' incompetence when it comes to filing the paperwork correctly. When I filed, I was pretty upset with my attorney because he charged me nearly $1,300 (old law, 2004) for a no-asset chapter 7, AND made ME fill out all most of the paperwork by myself! I was the one who filled out all the creditor names, addresses, account numbers and balances due. I also filled out the parts related to my income and expenses. Honestly, I was SOOOO mad! But the attorney had been "highly recommended" and does a lot of bankruptcies in my area, so I went with him.

In retrospect, and after hearing of situations such as yours, I'm now glad that I ended up doing most of it, as I happen to be a stickler for detail.

FWIW, even though my case was a no-asset chapter 7, the trustee still asked for 4 months' worth of pay stubs, tax returns for the previous 3 years, and 6 months' worth of bank statements. I think a lot depends on your area and the local practices.

Good luck! Please let us know how it goes.

[coma]

I filed chapter 7 on 2-8-08, however as I have found out I'll be converting to a 13. Now I assume my atty will be e-filing papers next wee to convert ( if I ever get in to see him (he had to cancel on me today and will call me on Monday, ugh). So, when does the conversion actually happen? Is it when the trusty accepts it, when it's e-filed, or when I sign it? or?????...... I need to plan my budget and make sure I can pay it on time. I filled out the forms over the last 2 days and found that I will be paying $430 a month for 60 months. Ugggg!!! Lets hope my atty comes up with a better figure. God, I hate this. It was such a let down from a 7 to a 100% pay back. It was like I was hit in the head with a sledge hammer. Anyway, thanks for your assistance!!!!

For me, it was the actual filing date.