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Getting Around The Means Test

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    Getting Around The Means Test

    I found an interesting post on the Florida Bankruptcy Law Blog.

    The post states that by first filing Ch. 13 and then converting to Ch. 7, one can avoid the Ch 7 means test. However, the post doesn't go into how this would work. Does anyone know?

    If you read the source material for the blog post, you will find an interesting thought. It could be that an attorney could be sued for malpractice if he didn't advise first filing Ch 13 and then converting to Ch 7. This strategy not only apparently allows one to avoid the Ch 7 means test, but it also saves on filing fees and allows one to temporarily enjoy some of the benefits of Ch 13.
    Last edited by Rover; 03-30-2006, 12:49 PM.

    #2
    I cannot find the post in the Blog. Am I missing something obvious. Help.

    Comment


      #3
      Originally posted by alh
      I cannot find the post in the Blog. Am I missing something obvious. Help.
      The link I posted above takes me right to the blog post. You have to scroll up.

      Here's the direct URL: http://www.bankruptcyorlando.com/200...und_.html#more

      Comment


        #4
        Please read this blog closely. It also states that just because you file a Chapter 13 there are also some reasons why you might not be able to go back and file a Chapter 7.....

        Just because you file a 13 does not guarantee you the right to file a 7 also...

        Minny
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          Originally posted by Minnymouth
          Please read this blog closely. It also states that just because you file a Chapter 13 there are also some reasons why you might not be able to go back and file a Chapter 7.....

          Just because you file a 13 does not guarantee you the right to file a 7 also...

          Minny
          Minny,
          I take this as a yes, as long as the correct intentions are there, what am i missing??

          Comment

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