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What to File

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    What to File

    Hi-

    I have a judgement creditor from when I was in business that is driving me crazy! I filed chapter 7 bankruptcy and was discharged in April of 2002. I understand that I must wait until April 2010 to refile for chapter 7 again. I also know that this will be a nonconsumer bankruptcy because the only debt I have is this judgement. The question is, can I file Chapter 13 now and wait until April to convert the case and then discharge it, or do I hav eto wait. This creditor is garnishing my wages and continue sto file actions against me! I just want to end this! Can anybody help me?

    #2
    Originally posted by jamesd271 View Post
    Hi-

    I have a judgement creditor from when I was in business that is driving me crazy! I filed chapter 7 bankruptcy and was discharged in April of 2002. I understand that I must wait until April 2010 to refile for chapter 7 again. I also know that this will be a nonconsumer bankruptcy because the only debt I have is this judgement. The question is, can I file Chapter 13 now and wait until April to convert the case and then discharge it, or do I hav eto wait. This creditor is garnishing my wages and continue sto file actions against me! I just want to end this! Can anybody help me?

    The only thing with filing a 13 , then converting it is I have heard some here being under scrutiny for converting where the UST usually asks "what changed, where did the disposable income that you had under your 13 plan go to. Was there a loss of income"?

    That sort of thing might be a problem.
    The essence of freedom is the proper limitation of Government

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