Conversion to Chapter 7 or Chapter 13 Hardship Discharge
Posted: Wed Jan 06, 2010 3:27 pm
Dear Steve,
I have one minor addition to Peter's sage counsel: Make sure that your client has already paid at least the Chapter 7 liquidation amount through her plan before seeking a Chapter 13 hardship discharge. See 1328(b)(2) for details. Of course, if she had no non-exempt assets when she filed, this wouldn't be a problem.
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
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----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Wednesday, January 06, 2010 1:39 PM
Subject: Re: [cdcbaa] Conversion to Chapter 7 or Chapter 13 Hardship Discharge or Dismiss and refile?
Go for hardship discharge, its straight forward and better for the debtor since eligible for subsequent discharge two years sooner. Reconverting to Ch7 requires a motion anyway, so similar amount of work required.
Peter M. Lively, J.D./M.B.A.
Law Offices of Peter M. Lively
Personal Financial Law Center I
11965 Venice Blvd, Suite 301
Los Angeles, CA 90066-3977
310-899-0630
800-307-DEBT (3328)
Fax: 310-899-0632
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706 Newport Boulevard, Suite B
Costa Mesa, California 92627-3073
Telephone: 949-650-DEBT(3328)
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To: cdcbaa@yahoogroups.com
Sent: Wed, January 6, 2010 12:41:32 PM
Subject: [cdcbaa] Conversion to Chapter 7 or Chapter 13 Hardship Discharge or Dismiss and refile?
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.