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Conversion to Chapter 7 or Chapter 13 Hardship Discharge =
Go for hardship discharge, its straight forward and better for thedebtor since eligible for subsequentdischarge two years sooner.work required.
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)
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
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
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 I11965 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 II1706 Newport Boulevard, Suite BCosta Mesa, California 92627-3073Telephone: 949-650-DEBT(3328)
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Steven B. Lever <sblever@leverlaw.com>To: cdcbaa@yahoogroups.comSent: Wed, January 6, 2010 12:41:32 PMSubject: [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 asabusive under the "totality of the circumstances" and Judge Neiter ruledin the UST's favor and we converted to Chapter 13. The Debtor was ahigh 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 losther job. She will be going on disability. I need to either convert her case or go for a hardship Chapter 13discharge. There were no lien strippings or other circumstances thatmake a Chapter 13 discharge necessarily more desirable.Does she qualify for a Chapter 7 discharge now, or is this case taintedby her earnings going in? Is letting the case dismiss and refiling hera better option? Law Offices of Steven B. Lever>> Steven B. Leversblever@leverlaw. com
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