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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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General Background I filed for a Ch7 and the trustee wants

Resolved Question:

General Background: I filed for a Ch7 and the trustee wants to convert me to a Ch 13 stating the presumption of abuse (meaning that he determined that I will have more than $189 left over to spend after IRS regs are applied). As of now, I do make good money (75.6K per year) and I have never been married.

My concern is that my attorney does not want to rebuke this and argue for special circumstances which in turn will put me in the ch13. I've stated clearly in writing that I want to go before a judge and that a CH 13 would be a disaster for my career since I have to travel sometime for my job. If the judge says it's a 13, then it shall be. From what I have read, ch 13 states no credit cards. Does that mean "secured" credit cards also?

Other Ch 13 questions:
1. Annual pay increases - how will this affect my budget?
2. In the notice of dismissal, the UST stated that I had 63K of debt. I know that at least 40K of it is unsecured. Will I have to pay 100% of these debts?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 6 years ago.

There's not a lot your attorney can do to save you from the conversion from 7 to 13 because the determination is a mathematical calculation (means test). Thus, you'll either have to convert or drop the bankruptcy all together.


If you file a 13, ALL debts are paid back over 3-5 years interest free.


If you have a pay increase, it would likely make your monthly payment increase.


If you are dismissed or convert to a 13, you will have to pay it back.

Customer: replied 6 years ago.

I am aware of the 3-5 year rule...I have not done the work on the 22C yet to see my duration of repayment as well as how much my monthly repayment will be.


I have read mixed information on the annual pay increases and the UST acting on them. Is the law that open to interpretation? Let's say that the aforementioned 63K has to be paid back in 5 years (1,050/month). If I pay into that 63K with more money each month, then would the time of duration shorten due to more $$$ being paid in. Another question I have is similar in concept. Will my budget get adjusted to absorb the $208 monthly payment that will go away? In other words, will be able to pay off the debt early?



Expert:  Roger replied 6 years ago.
Yes, you can pay the debt of early and get out of bankruptcy early. You're only required to be able to pay the minimum.
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