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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5155
Experience:  37 plus years of experience specializing in bankruptcy law
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I filed a BK 7 exactly 7 years ago. I got in financial trouble

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I filed a BK 7 exactly 7 years ago. I got in financial trouble again and now am forced into filing again as I am being sued several times over and just received a garnishment notice from Cap 1 today. I took the means test and I pass for BK7, but I'm not eligible because it hasn't been 8 years yet. Would I be able to file a Chapter 13 thru an attorney (to stop all the lawsuits and garnishment) then convert it to BK7 in a year? Thank you!
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.
Excellent question. Yes, you are correct about the eight years but you can file a chapter 13 at any time. However, the court looks at the date any petition is filed. And if you file now, before the eight years, by trying to convert the court will still look at the date of the chapter 13 filing and deny the conversion. But you could also file a 13, start the plan, pay alittle and then have it dismissed. Thereafter, you could file a 7 after the eight year mark. And this way, you can stop the garnishment now!

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Customer: replied 4 years ago.
One last question! Any potential problems with having a BK13 dismissed? Also, how much does the trustee look at my discretional spending while I'm in BK13? Are vacations etc purchases a problem?

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Customer: replied 4 years ago.
did I not pay enough for the followup question? I suppose I could add more.

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Customer: replied 4 years ago.
umm, should I start my questions over with someone else? I'm willing to pay more for more answers. Thank you!
Customer: replied 4 years ago.
Relist: Incomplete answer.
One last question! Any potential problems with having a BK13 dismissed? Also, how much does the trustee look at my discretional spending while I'm in BK13? Are vacations etc purchases a problem?
Customer: replied 4 years ago.
Relist: Other.
This "expert" ignores you after you pay him. Everyone be careful and do not pay before and until you followup questions are answered!! Not very professional in my opinion!!
Please note that we are not on line all the time. And therefore sometimes we cannot reply immediately.

As for your question, so long as the BK is dismissed without prejudice, you can file a 7 when you need to. As for income, if you passed the means test, you qualify for a 13.