What are my options?

[cjsgac]

Hello,

My case was filed last Aug as a Chapter 7. We have gone back and forth with the UST, and now they want to dismiss our case based on the income calculation.

What are my options, other than converting to a Chapter 13?

Thanks

[biotechsolution]

none really......either fight it or convert. Or let them dismiss it.

[cjsgac]

So what are my chances of winning the case if we decide to fight it? Initially, we went into this with the intention of filing a Chapter 7, however our lawyer said we may have a chance at a 7 so that's what we filed. I think she screwed up our income calculation (she is no longer at the firm and a new lawyer is on our case).

If the case is dismissed, what happens? Do we have to file all over again?

If we convert it what is involved with that?

Thanks for your help!

[tcreegan]

Hi cjsgac,

...from my fairly limited knowledge....if you get dismissed in a Ch 7, you have a 6 month wait time before you can file Ch7 again and the automatic stay gets shortened to 30 days. (of course not getting dismissed w/ prejudice b/c of fraud or other criminal activity)

I have seen both "dismiss Ch 7, refile Ch 13" and "Ch 7 converts to Ch 13" around here, hopefully someone who had done either can chime in on how that works....

Tom in Colo