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    #1

    Question on new emergency chap 7

    My attorney is filing an emergency chap 7 for me tomorrow and even though I don't think I qualify. If I don't qualify then he said it gets changed to a 13. However, I will be losing my job within a year and will need to convert to a chap 7 then. My question is would I qualify to file a 7 after I get cut from my job? I know there is a rule saying you can't keep changing the chapter. Please advise asap as I am meeting with him tomorrow.

    Thanks!!
    Tags: None
    #2
    YES! Try for 7. You can go down, but not likely to go up. So under the circumstances you described, "perhaps" you can go 7. If not surely you can convert down. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Originally posted by metz999 View Post
      My attorney is filing an emergency chap 7 for me tomorrow and even though I don't think I qualify. If I don't qualify then he said it gets changed to a 13. However, I will be losing my job within a year and will need to convert to a chap 7 then. My question is would I qualify to file a 7 after I get cut from my job? I know there is a rule saying you can't keep changing the chapter. Please advise asap as I am meeting with him tomorrow.

      Thanks!!
      Whats the big hurry?
      Chapter 7 07/30/2008
      341 09/17/2008
      Discharge 11/21/2008

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        #4
        Your attorney should be able to tell you if you are under the means income wise for the last 6 months and eligible for chapter 7.

        Comment

          #5
          Originally posted by metz999 View Post
          My attorney is filing an emergency chap 7 for me tomorrow and even though I don't think I qualify. If I don't qualify then he said it gets changed to a 13. However, I will be losing my job within a year and will need to convert to a chap 7 then. My question is would I qualify to file a 7 after I get cut from my job? I know there is a rule saying you can't keep changing the chapter. Please advise asap as I am meeting with him tomorrow.

          Thanks!!

          what's going on that you have to file so quickly? If you don't think you'll qualify for a 7 you should wait. Why make ch. 13 payments?

          Have you been sued? Wages garnished?

          There are many on this forum that have gone well over a year without making payments and nothing serious having happened.

          Is the attorney rushing you to file?

          Just make sure the timing is right for you.
          Filed Pro Se: 10/16/2009
          341 Scheduled: 11/23/2009
          Last Day for Objections: 1/22/2010
          Discharged: 1/28/2010

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            #6
            I just had my wages garnished for a cc judgment and also pay $182 a month for state taxes. Next in line is the IRS so I have to do something very quickly but I am worried I won't be able to change to a 7 when I lose my job. I have been officially notified my job is either moving to Texas (from Ca) or we will be out-sourced. They just don't know the exact date yet.

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