I realize this is involved, but as far as getting the garnishment to stop, would filing Chap 13 stay any collections until after he filed? Or would he be better suited waiting for income to dwindle and then just file chapter 7
Gotcha... how long would filing Chapter 13 buy him typically?
Ok. One last question. As a BK lawyer, is it common for someone to be in this position? IE: Filing Chapter 13, then qualify for Chapter 7 and 'changing' the type?
Is it easy to do? I'm in Tampa, and I know most lawyers e-file
But knowing that his wife lost her job and will soon qualify for Chapter 7 under the means test for this area - would not preclude him from switching to chapter 7?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).