Switch from Ch 13 to 7

[bobsalas]

What is the name of your state? OR
We filed for BK in September 2005 and were put into Ch 13.
During this time my wife was receiving unemployment and training benefits (why we were placed in Ch 13 instead of Ch 7) that will expire in April 2008. Also at that time our mortgage will go up some $200 per month.
I am wondering if we loose my wife's benefit payments can we convert to chpter7? I am sure my wife will be ordered to find employment, but can she really be ordered to do so?
My attorney says we are governed by the old BK laws because of our filing date. He says let's wait and see, but I can't sleep at night worrying about this. I thought BK would help me sleep better.

 

[moburkes]

You don't WANT your wife to find a job?

 

[bobsalas]

of course I want my wife to find a job.

but with the economy in our small town the way it is...HP just laid off 1000 people here, including my wife...I am just concerned that the lag between her last check and her first paycheck may be too long and it may make some sense for us to just convert to ch 7.
besides the increase in our mortgage, my paychekc will be about $100 less per month as I have recently found out there is an increase in our health premiums.
I owe $60k in debt; $5k in taxes. I pay $300 month to the plan; I have paid alomost $10k thus far, mostly from tax refunds. Do you think anyone but the lawyers and administrators are getting any of that $300 per month? In fact one of the BK referees just submitted a claim for $1000. I am going to take a big hit in taxes this year because the referee made me stop payments on my 401k loan.
My converting to Ch7 is not going to hurt anyone any more than my Ch 13 plan except the lawyers. My credit is already ruined. I just want to get on with my life.

 

[Who's Liable?]

Tell her to get a job at McDonalds... They're always hiring...

 

[bigun]

Your lawyer is correct. You may convert to a 7 under the old laws. You may also amend your plan or even apply for a hardship discharge in your 13.
The bk trustee can't order anyone to get a job.
I know it's tough right now but again, your lawyer is correct. You'll just have to wait and see what happens in 08.

 

[bobsalas]

thanks

finally an answer I can use.....

 

[moburkes]

finally an answer I can use.....

You get what you pay for.

 

[bobsalas]

silly me

i thought i would get some helpful advice...