Need some input....

[mattfro]

I have a friend, yes really, my BK7 was discharged a few years ago. She is a divorced mother of two, with virtually NO SUPPORT from a deadbeat dad. Her wages are being garnished at this time, and even getting food is tough.

She had a BK7 discharged back in July '04.

Now... She's is going to file for a BK7 in July '11 but I told her she should have her atty proceed with filing paperwork NOW as a 13 to stop the garnishments so she can feed her kids.

Then... Have her atty file this motion or that motion and stall until July '11 and change it to a BK7.

How far off am I? JB, what do you think?

ANY input is appreciated. Thank you...

[momofthree]

There have to be 8 years between filings, not 7, which would mean she wouldn't qualify for a ch.7 again until July 2012. The 13 is her only option until then.

She cannot convert her 13 to a 7 because when a conversion is made, the original filing date is used, and if she didn't qualify for a ch.7 discharge due to a previous bk, then she cannot convert. However, In July 2012, she can dismiss her ch.13 case and re-file as a ch.7 case.

[mattfro]

My mistake! The 8 years is up in July.

[momofthree]

In that case, the attorney fees to file the ch.13 would probably cost more than allowing the garnishment to continue for another 6 weeks. Since she'll have to dismiss and refile, she'd essentially be paying for 2 separate bankruptcies. It would probably just be best to wait and file the 7.

[sunshinepa]

I agree with the just filing the CH 7.

One thing I would check into...if she is a single mother and having trouble feeding her kids, why hasn't she checked into some aid form either her county or state? Not a fan of welfare etc. but if I was in that situation, I would get food stamps to feed my kids and any other help I need that I could get. At least she works and tries to do right....lots of single mothers never hold a job, get free medical, rent, utilities and such......she should look into this.

Just a thought.

[malf1204]

n

[LadyInTheRed]

I agree with the just filing the CH 7.

One thing I would check into...if she is a single mother and having trouble feeding her kids, why hasn't she checked into some aid form either her county or state? Not a fan of welfare etc. but if I was in that situation, I would get food stamps to feed my kids and any other help I need that I could get. At least she works and tries to do right....lots of single mothers never hold a job, get free medical, rent, utilities and such......she should look into this.

Just a thought.

Excellent suggestion. She should also try her local food bank. You can find one by county at
http://www.foodbankrockies.org/site/...name=Find_Help My understanding is that getting help from a food bank doesn't require all of the red tape that government aid does. So, it's helpful for people who need help getting through a couple of months.