Too Close to Tell---May have to change from Chapter 7 to 13--Please Help

[bobbyquefour]

Hi,
I am bracing myself for the possibility of having to change or being forced to change from a chapter 7 to a chapter 13. I passed the means test but I am extremely close and I guess it is a matter of whether certain items I claimed as expenses will be accepted or not. I am a no asset case.

I am also worried about the fact that I have to pay off student loans and a retirement loan and yet in my area they are not allowed to be listed on Schedule J. Any advice? I am trying to brace myself for the worst. What happens if it is changed--if you don't make the decision does the trustee make it for you and say "No, you must do Ch 13 instead or Chapter 13 is your only option?" What happens then??

[Meatstick]

Have you consulted a lawyer yet ?? Student loans and Retirement loans aren't allowed in a Ch.7 in my district either. But it is possible that when including them in a Ch.13 it would cause you to have a negative DMI which has been argued as a case to keep you in a Ch.7.

You should consult an attorney though as he/she may have a whole different outlook on your case than you do.

Meatstick

[liz417]

My Student Loan payments were included as expenses, but I know this varies district to district. I consulted with 6 attorneys and was told different things, so I know it can be confusing. Make a few appointments with local BK attorneys that are familar with your Trustee(s) allowances. Good Luck!