How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask A.J. Your Own Question

A.J.
A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4216
Experience:  Experienced consumer bankruptcy attorney.
Type Your Bankruptcy Law Question Here...
A.J. is online now
A new question is answered every 9 seconds

My husband filed for bankrupcy about a year ago, and his laywer

Customer Question

My husband filed for bankrupcy about a year ago, and his laywer at that time that he will pay only 20% of what he owes ( which is about 100K).. after a lot of hastle and paperwork filled, because our combined income ( ofcourse on paper and before taxes) was around 130K, he eneded up with paying about 110% of what he owes..and it was a nigtmare for me at least becuuse when he had all his financial problems piling up and lost his house for forclosure we were not married yet.. we were married probably 3 months before he filed for bankrupcy, and i got affected indirectly .. his lawyer wanted all my bank statements and what i spend money on gas and my family back home etc.. However a cuple months after the filing, my husband left his main job that was generating most of the income and was working his parttime job,, and oulled his retirement so he can use it for living.. He paid taxes about 12000 from the 33000 that he pulled,, and he didnot go to his bankrupcy lawyer to refile with his new half income,,becuase he was afraid that they will take the amount he is left with from his retirement.. now i dont know if that is true or not?? and second, now he is going to lose his parttime job becuase the clinic where he works will close,,, and he is still paying the full amount for bankrupcy while making half the salary he used to.. I dont know what to do in this case ,,should we go back to his lawyer and refile with his new financial situation? what is the best advise.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  A.J. replied 1 year ago.

SavyLawyer :

Hello, and thank you for contacting Just Answer.

SavyLawyer :

First and foremost, it is important to remember that, if the original bankruptcy filed was a chapter 13, often that bankruptcy can be switched to a chapter 7 where financial circumstances have changed significantly and enough time has passed. That would be something that the bankruptcy attorney should be able to help with, it is not too complicated a procedure, again so long as financial circumstances have changed significantly enough for the family (generally this means that family income has dropped below the median income for the family size) and enough time has passed since the change (generally 180 days).

SavyLawyer :

This is called "converting" a chapter 13 to a chapter 7, and the bankruptcy attorney should know the procedure and filings necessary.

SavyLawyer :

Second, even if the family income is still too much for conversion to a chapter 7, a chapter 13 plan can be altered where there is a drastic change in circumstances. This again is something that the bankruptcy attorney should be able to help with.

SavyLawyer :

So, in short, yes, where there has been a drastic change in family income, it is completely appropriate to go back to the court to either convert the chapter 13 to a chapter 7, or to reset the chapter 13 plan to reflect the current family income. While I would not use the term "re-file", that is in essence what you would be doing in either case, either converting to a chapter 7 or resetting the chapter 13 re-payment plan to reflect the income of the debtor.

SavyLawyer :

I hope this helps, and let me know if you require any further information. Otherwise, please remember to RATE my answer AT LEAST 3 out of 5 so that I can receive credit for my work.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.