Can we quit our part-time jobs and qualify for Chapt 7?

[kcfaninin]

We are currently 1 1/2 years into our Chapt 13. (daughter had 3 heart surgeries) Prior to filing Chapt 13 we both picked up part time jobs in order to avoid filing BK. So they based our previous 6 months employment on the 4 jobs were had, therefore making too much money to file Chapt 7. We are really struggling to make our plan payments as the court has us on a EXTREMELY tight budget. They don't allow for anything extra or emergenies. We are current on plan payments but behind on electric, phone, etc. My question is, if we quit our part time jobs, could we convert to a Chapt 7? We would still be $6000 over on the means test for a family of 5, but do they take into consideration your mortgage and car payments? Or do we have to decrease our hours to be within the income requiements? We dislike our attorney and asked to revise our plan a few months back and she told us "everyone is struggling with the economy" Our health is starting to become compromised as we are averaging 3-4 hours a sleep a day and never see our kids or each other at the same time. One of us is always coming or going. We physically can't go on like this for anothe 3 1/2 years. Our attorney is NO HELP!!! We would fire her if we could. Does anyone have any suggestions on what our options might be?

Thank you!!

[keepmine]

Yes, you are allowed to use your actual mortgage and car loan payments as well as actual utilities.

I'd imsist on a meeting with my lawyer. Tell her you can't keep working two jobs and are going to quit and want to start the process to convert to a Chapter 7.

[kcfaninin]

Thanks for responding!! Does it matter if we still make more then what is allowed on that means test for a family of 5 with our 2 part ime jobs? ($6000 more a year) The problem is our house payment is so high and we can't sell it or forclose on it, long story!! We can't file Chapt 7 until October 2009 because that is 8 years from our last filing of Chapter 7. (yes, i know, that's another long story) What do we do in the mean time about decreasing our income and while trying to make the Chapt 13 plan payments?