Chapter 7 to Chapter 13 question

[rockobuster]

What is the name of your state?OR

Does anyone know if after you have had your 341 meeting in a chapter 7, and no creditors object to your discharge, if the US Trustee can then look at your disposable income and decide you have too much, and force you into chapter 13?

If he can, then what happens?

 

[Ladynred]

At the present time, no one can FORCE you into a Ch 13. The US Trustee can look at your filing and if he/she thinks there may be grounds for substantial abuse and you could pay some of your creditors something, then he/she could file a motion to dismiss. In that case, you get with your lawyer and see if there's anything you can do to change his/her mind. If not, you have the OPTION of converting to a Ch 13 IF you want bankruptcy protection.

You file papers to convert to a Ch 13. You then have more work to do in creating a repayment plan, the plan must then be confirmed. You will have to start paying before the plan gets confirmed though.