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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17217
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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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?

One expert answered:
“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 a little 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!”
My questions: Is this correct? And what are 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? And, after having the BK13 dismissed, and filing a BK7 after the 8 years between BK7s are up, will the trustee look at this as a potential red flag? 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.
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. As for red flags, if you do not make any chapter 13 payments before you dismiss it, the trustee will see this as a red flag. But so long as you pay, your plan would be viewed as in good faith.
Customer: replied 4 years ago.
Relist: Other.
I don't want this guy to answer my questions

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

In terms of the previous experts answer he was correct and provided you with the proper information.

If you file a chapter 13 now, the garnsihment would stop, and if you can make some payments on the chapter 13 plan, and the case gets dismissed later, it would not hurt you in any way.

Once the chapter 13 is dismissed and the year is gone, you can file a chapter 7 with no problem, even if the chapter 13 was considered a fraud the worst that could happen is that you are delayed 6 months from filing a chapter 7 case. In reality this would be rare, and chapter 13 cases are dismissed most of the time, in fact very few actually complete a chapter 13 case, most get dismissed.



WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17217
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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