.jpg)
Conversion to Chapter 7 or Chapter 13 Hardship Discharge or Dismiss and refile?
To get a hardship, file a motion. If she is on disability, and cannot fund a 50.00 per month plan, discharge should be granted, however, if she can afford a $50 per month plan, just move to amend.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jan 6, 2010, at 12:41 PM, "Steven B. Lever" wrote:
Two years ago I filed a Chapter 7 that was objected to by the UST as
abusive under the "totality of the circumstances" and Judge Neiter ruled
in the UST's favor and we converted to Chapter 13. The Debtor was a
high earning associate at a law firm and her case was confirmed at
$480/month.
Now she's basically crashed and burned with major depression and lost
her job. She will be going on disability.
I need to either convert her case or go for a hardship Chapter 13
discharge. There were no lien strippings or other circumstances that
make a Chapter 13 discharge necessarily more desirable.
Does she qualify for a Chapter 7 discharge now, or is this case tainted
by her earnings going in? Is letting the case dismiss and refiling her
a better option?
Law Offices of Steven B. Lever
>
> Steven B. Lever
sblever@leverlaw.com
To get a hardship, file a motion. If she is on disability, and cannot fund a 50.00 per month plan, discharge should be granted, however, if she can afford a $50 per month plan, just move to amend.Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Jan 6, 2010, at 12:41 PM, "Steven B. Lever" <sblever@leverlaw.com> wrote:
Two years ago I filed a Chapter 7 that was objected to by the UST as
abusive under the "totality of the circumstances" and Judge Neiter ruled
in the UST's favor and we converted to Chapter 13. The Debtor was a
high earning associate at a law firm and her case was confirmed at
$480/month.
Now she's basically crashed and burned with major depression and lost
her job. She will be going on disability.
I need to either convert her case or go for a hardship Chapter 13
discharge. There were no lien strippings or other circumstances that
make a Chapter 13 discharge necessarily more desirable.
Does she qualify for a Chapter 7 discharge now, or is this case tainted
by her earnings going in? Is letting the case dismiss and refiling her
a better option?
Law Offices of Steven B. Lever
>
> Steven B. Lever
sblever@leverlaw.com
The post was migrated from Yahoo.
Two years ago I filed a Chapter 7 that was objected to by the UST as
abusive under the "totality of the circumstances" and Judge Neiter ruled
in the UST's favor and we converted to Chapter 13. The Debtor was a
high earning associate at a law firm and her case was confirmed at
$480/month.
Now she's basically crashed and burned with major depression and lost
her job. She will be going on disability.
I need to either convert her case or go for a hardship Chapter 13
discharge. There were no lien strippings or other circumstances that
make a Chapter 13 discharge necessarily more desirable.
Does she qualify for a Chapter 7 discharge now, or is this case tainted
by her earnings going in? Is letting the case dismiss and refiling her
a better option?
Law Offices of Steven B. Lever
>
> Steven B. Lever
sblever@leverlaw.com
The post was migrated from Yahoo.