Anyone

[wolverinegal]

Has anyone gone in for 7 and trustee turned it into a 13? This is my biggest nightmare right now. My husbands OT the last 2 months really bumped up our montly income. My atty says 7 is a good idea Filed 4-26-10. But, that OT is coming to an end and I just found out my oldest is in need of braces. Will the loss of OT and the braces factor in anywhere or is it just the last 6 months. Found out about the braces 3 days after filing. Ugh!

Thanks!

[MSbklawyer]

Has anyone gone in for 7 and trustee turned it into a 13? This is my biggest nightmare right now. My husbands OT the last 2 months really bumped up our montly income. My atty says 7 is a good idea Filed 4-26-10. But, that OT is coming to an end and I just found out my oldest is in need of braces. Will the loss of OT and the braces factor in anywhere or is it just the last 6 months. Found out about the braces 3 days after filing. Ugh!

Thanks!

You can't be forced into a 13. If you file for 7 but don't qualify the court will dismiss your case or give you the option of converting to a 13, but 13s are strictly voluntary.

The means test only looks backwards. Upcoming loss of overtime, upcoming medical expenses aren't counted by the means test. Depending on which judicial circuit you are in though, you may be allowed to file 7 even if you fail the means test provided your income and /or expenses have changed or reasonably certain will change. The law is in a state of flux on this question, but there is a case before the SCOTUS that should clear this question up.

Worst case though, you may have to wait to file.

[wolverinegal]

How DMI can you have? I've heard $100 and $166. Anyone have the answer?

[wolverinegal]

What happens if you choose to dismiss?

[tigergem]

What happens if you choose to dismiss?

Then you have a bankruptcy on your credit report for 10 years that amounted to nothing. You paid the fee for nothing and you have no protection from your creditors.

If it is dismissed with prejudice, you are prohibited from filing again within 180 days.

If it is dismissed without prejudice, you can refile the next day if you wanted to.

[lrprn]

What happens if you choose to dismiss?

You can't voluntarily dismiss a Ch 7. The trustee has to do it, and he/she decides whether to do it on your changed circumstances.

You can voluntarily dismiss a Ch 13.

Also you can refile a Ch 7 or Ch 13 at some point after a dismissal (when depends on the circumstances of the dismissal and which chapter you refile) as long as the dismissal was without prejudice (as TG said).

Keep in mind that if a filed bk is dismissed, even if you never refile, it stays on your credit report for 10 years.

[tigergem]

You can't voluntarily dismiss a Ch 7. The trustee has to do it, and he/she decides whether to do it on your changed circumstances.

You can voluntarily dismiss a Ch 13.

Also you can refile a Ch 7 or Ch 13 at some point after a dismissal (when depends on the circumstances of the dismissal and which chapter you refile) as long as the dismissal was without prejudice (as TG said).

Keep in mind that if a filed bk is dismissed, even if you never refile, it stays on your credit report for 10 years.

I think the OP was referring to MSBklawyer's post:

You can't be forced into a 13. If you file for 7 but don't qualify the court will dismiss your case or give you the option of converting to a 13, but 13s are strictly voluntary.

Whereby, it seems to me that if you choose not to convert to the 13, you are opting "voluntarily" to allow dismissal of the 7.

[MSbklawyer]

You can't voluntarily dismiss a Ch 7. The trustee has to do it, and he/she decides whether to do it on your changed circumstances.

You can voluntarily dismiss a Ch 13.

Also you can refile a Ch 7 or Ch 13 at some point after a dismissal (when depends on the circumstances of the dismissal and which chapter you refile) as long as the dismissal was without prejudice (as TG said).

Keep in mind that if a filed bk is dismissed, even if you never refile, it stays on your credit report for 10 years.

Well, you can