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Filing Again, CH7 this time

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    Filing Again, CH7 this time

    We had our 341 meeting for a CH13 in February 2009 and the very next day I learned I was losing my $86K/year job. After discussing the situation with our attorney, we decided to abandon the CH13 for the time being.

    Last August, I found a new job making a lot less money and have just now completed 6 months at the new salary. Today I go to meet with our attorney again for what I believe will be a Chapter 7 filing. We are over the median by $34K, but our expenses show us to be negative to the amount of $133 per month. Hopefully, the attorney agrees with me!
    Last edited by bcvw; 03-01-2010, 06:41 AM.
    Filed CH13 12/31/08, abandoned March 09 after losing job.

    Ch7 Filed March 2010. 341 Meeting April 2010. Discharge and Case Closed July 2010.

    #2
    During the meeting yesterday, the attorney said my figures were sound and that it appeared we would be able to file a CH7.

    The best part was that he said I had provided so much information in a format that was understandable that it would reduce the amount of work he had to do. He knocked $300 off the fee he quoted me when I made the appointment! Neat!
    Filed CH13 12/31/08, abandoned March 09 after losing job.

    Ch7 Filed March 2010. 341 Meeting April 2010. Discharge and Case Closed July 2010.

    Comment


      #3
      That's great! Good for you. (-:

      Comment


        #4
        Just curious what type of format you used to make it easier for your attorney? We itemize every year and I use Quicken, so I was thinking about printing reports from that. If you have any suggestions, let me know!

        Comment


          #5
          I put our paychecks, witholding, expenses, etc into a spreadsheet and totaled them up, indicating which total went to which line of the means test. I filled in I & J, and the means test. I also provided the creditor matrix in an electronic format, and had completed the entire BK petition. It was just a matter of him and me going through each page, discussing the figures.

          Basically, I did not just come in with a big stack of papers for him to sort through.
          Filed CH13 12/31/08, abandoned March 09 after losing job.

          Ch7 Filed March 2010. 341 Meeting April 2010. Discharge and Case Closed July 2010.

          Comment


            #6
            Congratulations and Good Luck!

            I'm curious if you don't mind me asking, why you didn't file after you had been unemployed for a few months. Rather than waiting and having to deal with being over the median.

            Again, Good Luck!!
            Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
            Filed Chap 7 - 12/31/2009
            341 - 2/12/2010
            Discharged - 4/19/2010

            Comment


              #7
              I had severance up until a week before I got the new job. My income was too high.
              Filed CH13 12/31/08, abandoned March 09 after losing job.

              Ch7 Filed March 2010. 341 Meeting April 2010. Discharge and Case Closed July 2010.

              Comment


                #8
                Filed today! Woo hoo!

                Sometimes a job loss IS a blessing.
                Filed CH13 12/31/08, abandoned March 09 after losing job.

                Ch7 Filed March 2010. 341 Meeting April 2010. Discharge and Case Closed July 2010.

                Comment


                  #9
                  We had our 341 meeting today. Standard questions. Done in about 6 minutes. Meeting concluded, no further questions.

                  I can now see the light at the end of what has been a LOOOOOOOOOONNNNGGG tunnel.
                  Filed CH13 12/31/08, abandoned March 09 after losing job.

                  Ch7 Filed March 2010. 341 Meeting April 2010. Discharge and Case Closed July 2010.

                  Comment


                    #10
                    Originally posted by bcvw View Post
                    Filed today! Woo hoo!

                    Sometimes a job loss IS a blessing.
                    Yes, what a blessing It's weird how things all work out. Right before we filed, my husband's company decided to put all promotions, bonuses and raises on "Hold" until futher notice. We were pissed at the time but ended up filing BK about a year later. After our dishcarge, his company announced that they had a "good year" and paid every single employee back pay for missed raises, gave everyone HUGE bonuses and all these other little 'perks'...

                    Congrats on your 341 and Welcome to the 60 Day Club!!!
                    May 2008 Hired 1st Attorney/Stopped paying CCs
                    May 21, 2009 Retained 2nd Attorney
                    May 28th - Filed for Ch 7 (FINALLY!)
                    9/11/09 - DISCHARGED!!!!

                    Comment


                      #11
                      bcvw, I can't believe I missed this entire thread. I'm really happy for you. Hopefully we both find relief and can start anew soon!

                      Here's my personal welcome to the...

                      Been There, Done That... 60 Day Club!

                      Exclusive to former Chapter 13 debtors.
                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog

                      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                      Comment


                        #12
                        Thanks all!

                        I see the trustee has filed the report of no distribution as of yesterday. Am I correct that if I see nothing else within 10 days of the 341 meeting that there will be no objections from the US trustee? After that it's just a matter of waiting out the 60 days for any creditor objections?
                        Filed CH13 12/31/08, abandoned March 09 after losing job.

                        Ch7 Filed March 2010. 341 Meeting April 2010. Discharge and Case Closed July 2010.

                        Comment


                          #13
                          Originally posted by bcvw View Post
                          I see the trustee has filed the report of no distribution as of yesterday. Am I correct that if I see nothing else within 10 days of the 341 meeting that there will be no objections from the US trustee? After that it's just a matter of waiting out the 60 days for any creditor objections?
                          For the most part, after the 10 days, there is nothing to worry about. If the UST showed up at your 341 Meeting, then there could be some surprises if s/he indicated that they found your case to be an abuse.

                          For the overwhelming majority (over 90%) the 341 Meeting is the last hurdle and you just await the discharge. (Those over-the-median or with other UST issues will have to deal with the UST and any additional paperwork questions.)
                          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                          Status: (Auto) Discharged and Closed! 5/10
                          Visit My BKForum Blog: justbroke's Blog

                          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                          Comment


                            #14
                            Well we are over the medain by about 35K and that's why I'm anxoius about the 10 day period. No news is good news as they say.
                            Filed CH13 12/31/08, abandoned March 09 after losing job.

                            Ch7 Filed March 2010. 341 Meeting April 2010. Discharge and Case Closed July 2010.

                            Comment


                              #15
                              Originally posted by bcvw View Post
                              Well we are over the medain by about 35K and that's why I'm anxoius about the 10 day period. No news is good news as they say.
                              Yes, it is! I passed my 10-days over a week ago. So nice to hear only crickets.
                              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                              Status: (Auto) Discharged and Closed! 5/10
                              Visit My BKForum Blog: justbroke's Blog

                              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                              Comment

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