Lawyer says I can`t convert 13 to 7 over median

[maddog2112]

I`m currently in a 13 and due to loss of income from me and loss of job from wife was hoping to convert to a 7. I`m 27 mos. in and have paid 50k of a 98k payback. You`d think that would count for something! We will be 25k over median but with house , equity, and car being paid outside the 13,there will be little or nothing left for trustee. I`m in Ky. I`ve just sent my annual budget to my lawyer who then sends it to the trustee. I talked to her before hand but when she called today she acted like she knew nothing about it and said the paper work had been sent to trustee. I have a feeling my payment won`t be changing where I`ll have to do something desperate. Does anyone know anything about my over median situation? Is my lawyer blowing smoke up my #$&%$^?

[kcfaninin]

Hey Maddog,
We have talked before. We are 20 months into our Chapter 13 and are in the same situation. We are over the median for a family of 5 by $16,000. But, if you take into consideration all the debt that is owed, we are negative each month. I called my attorney today but, she avoids our phone calls so I sent her an email requesting and immediate temporary suspension of our plan payments. We'll see if she responds. In the mean time, we have a consultation with a different attorney on June 2nd. We are hoping to convert our 13 to a 7. The lady on the phone sounded optimistic. Our current attorney doesn't know yet we are going to fire her, but she has been useless in fighting for us. The worst $3500 we've ever spent!! Are you sure we don't have the same attorney?!?!?
Maybe you should look at getting a different lawyer if you are not happy with your current one. Good luck to you. I'll keep you posted on our situation and offer any advise I might have.

[maddog2112]

Yes, I remember you. This forum is amazing. I wish I would have found it before I filed. I would have done things alot differently. The lawyer that works on our case told my wife today that it is impossible to convert from a 13 to a 7 if your over the median income. She said the median for a family of 4 in Ky is 65k. I`m 25 over that. I called a different lawyer that I heard is very good in the area, and he said it depends on your means test after mortgage, carloan, 2nd etc. He said he takes cases from clients who`s attorney won`t convert about 1 every 3 months. He also said, the court doesn`t look as closely if your already in a 13 and your situation changes to convert. I hope he`s right. I`ve already paid 50k out of 98k 60 mo. plan at 80%. The problem is you get to a point where you wonder whos right and whos wrong and or who can you trust. I`m gonna call my lawyer monday without mentioning the new lawyer, of course and she what she says with my new info.I want to keep the house and pay the remainder of our car loan and second. There is no equity on the house and everything is current so far, but not for long. Thanks for chiming in. Ps. We paid about 3500 too , we may have the same lawyer if your in KY.

[kcfaninin]

Our stories sound identical. We are in Southern Indiana. We don't have any equity in our home either, but we do want to keep it and the cars. June 2nd can't come fast enough for us. I have a good feeling the new attorney will be able to help us. I agree, this forum is awesome. Since my attorney is not availbale for questions, many of them have been answered here. I can't imagine that you would not be able to convert to a 7 no matter what your income is. It should depend on your debt and living expenses. If the living expenses and income when you filed are no longer accurate, that should account for something!! Good luck to you and keep us posted!! Or, you can send me a PM, I will be interested in what you find out. If it works for you, it should work for us too!!

[maddog2112]

this might sound stupid but whats a pm and how do you do it?

[kcfaninin]

It's a Private Message. Kind of like an email. That way you can communicate with someone on the boards without everyone else reading it if you so choose. I sent you a PM earlier in the week. If you look at the top right corner of the page, you'll see Welcome and your user name. Underneath that you will see Private Messages- Unread and Total. Click on Private Messages and you can read what people sent you. If you want to send a PM, click on a users name to the left of their post. You will get a drop down box to where you can send a PM. Hope this helps.

[Rick9972]

In KY also, and I am curious as to which District you are in? Plan on filing 7 next week.

[maddog2112]

I`m in louisville, do you have a similar situation?

[Rick9972]

I`m in louisville, do you have a similar situation?

Eastern District for me. Over Median, passed the Means test, so hoping things go well.