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Can I be forced into chapter 13?

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    Can I be forced into chapter 13?

    I was just reading another post and I am confused.
    We saw an attorney and are going to file in March, Chapter 7 which is what the attorney recommended for us. We are under the median income.
    Can the courts force the issue if you have too much money left over and make you go chapter 13??

    #2
    If you are under the median income, you can file BK 7.

    I am afraid I will be pushed into a 13 because of my income and the fact that I barely squeak by the means test.
    02/05/09 Filed BK7
    03/11/09 341 Hearing
    05/20/09 Discharged!

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      #3
      Being below the median is only part of the process. If you have suficent disposablr income to fund a Chapter 13 you can be forced to either have the 7 dismissed, convert to a 13.
      The only way I can see a below median filer forced into a 13 is, if they had no living expenses. Ex. a young guy moving back home and his parents weren't charging rent or utilities .

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        #4
        Let's all forget the word "forced". Call it what it is: "sentenced".
        According to Bush and his banking cronies (in 2005) most Chapter 7 filers were crooks.

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