QUESTION

Should I file Chapter 7 or chapter 13 bankruptcy?

Asked on Jul 08th, 2011 on Bankruptcy - Georgia
More details to this question:
I have been summoned by a collection agency and have been given 2 weeks to file a response in court. I've been preparing to file for Chapter 7 but have found that based on the state means test I make approx 5k a year too much to file for Chapter 7. I would pursue Chapter 13 however I'm not certain my job will last much longer and I may be out of work in several months. I've been considering changing my salary to part time to make less money to qualify for Chapter 7 but this could take time and I'm being sued. Suggestions? Can I change a chapter 13 filing in the event I lose my job after I file?
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10 ANSWERS
Answered on Jul 04th, 2013 at 3:02 AM
The answer to this will partially depend on what you can file, not what you want to file. Sometimes you have an option, but after you do the testing, you will know what your options are

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Answered on Jul 04th, 2013 at 2:18 AM
You can convert a Chapter 13 to a Chapter 7 if your circumstances change, but work up your budget you may be able to get to a Chapter 7.

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Answered on Jun 10th, 2013 at 1:42 AM
Yes, you can convert your Chapter 13 case to a Chapter 7 case if you lose your job later.

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Answered on Jun 10th, 2013 at 1:33 AM
Yes, you may convert to a chapter 7 if you lose your job after you file.

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Answered on Jul 15th, 2011 at 12:38 PM
You should consult with a certified specialist in bankruptcy law, like me. I may be able to find deductions that will help you to pass the means test and file Chapter 7. Yes, it is possible to Move to Convert a Chapter 13 to a Chapter 7 if you qualify for a Chapter 7,

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Answered on Jul 12th, 2011 at 11:26 AM
You can convert your chapter 13 case to a chapter 7 upon request. However, be sure to consult with your attorney to be sure it is the right move.

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Answered on Jul 12th, 2011 at 11:00 AM
You should consult with an attorney because you may qualify for a 7 even though you make over the median salary in your area.

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Answered on Jul 11th, 2011 at 3:07 PM
See a lawyer. $5,000 extra should be workable. And if you can't file before the state court action file a response denying liability and request time to find a lawyer.

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Answered on Jul 11th, 2011 at 3:05 PM
If you don't pass the means test for chapter 7 you can file chapter 13. If circumstances change, such as loss of income after the case is filed, you can convert the case to chapter 7.

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Answered on Jul 11th, 2011 at 12:46 PM
Your question tells me you are about to screw up your bankruptcy by filing pro se. DON'T. The numbers that allow a Chapter 7 almost always prevent a Chapter 13 so you do NOT have a "choice." And changing hours is unhelpful as the means test ignores present earnings and looks at the past. A good lawyer, if you are only 5K over median can likely figure out how you can "pass" the means test, so instead of screwing up and not getting proper relief, use a lawyer and let him do his job.

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