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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am trying to convert my Chapter 13 into a Chapter 7. Our

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I am trying to convert my Chapter 13 into a Chapter 7. Our income has changed since filing Chapter 13, however we still have child support that made us unable to file Chapter 7 first. Do you take the 6-month period prior to us filing or the 6-month period prior to requesting a conversion as the income to use?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

When converting from a Chapter 13 to a Chapter 7, the debtor is supposed to use the income for the 6 months before the conversion, not for the 6 months prior to originally filing the Chapter 13.

 

I think this is what you wanted to know. If not, please let me know.

Thank you!

Customer: replied 5 years ago.

What I meant is could the child support income still keep me out of Chapter 7?

Expert:  cfortunato replied 5 years ago.
Are you still receiving the child support payments?
Customer: replied 5 years ago.
Yes, but not consistently. We will go one or two months with a payment and then go one or two without.
Expert:  cfortunato replied 5 years ago.

When you fill out the Form 22A Means Test, you would enter the average of the amounts you actually received each month, not the amount you are supposed to receive. This means you would add the total amount received in the 6 months before the conversion request, divide that amount by 6, and that is the amount you would enter on line 8.

If you need help figuring out the amount to enter on line 8, please let me know.

cfortunato and 5 other Bankruptcy Law Specialists are ready to help you
Expert:  cfortunato replied 5 years ago.
If you need help figuring out the amount to enter on line 8, please let me know.

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