Central District Consumer Bankruptcy Attorney's Association

Mark,
I see no problem whatsoever in converting the Ch. 13 to Ch. 7. Make sure
you amend schedule "I"
(complete the block concerning 10% change in income either way)
and "J" (if necessary). I've never seen a Ch.13 conversion being
reconverted due to a 707(b) motion. If anyone has, please let the group
know!
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To:
>Subject: [cdcbaa] Ch. 13 strategy/conversion to Ch. 7
>Date: Tue, 21 Jun 2005 21:12:43 -0700
>
>
>I'm getting a little gun-shy with all the 707b threatened motions lately,
>so thought I'd run this by the group:
>
>Debtor is in a Ch. 13 and has been for about 15 months. We have a pending
>motion to modify Plan to lower her plan payments since her expenses
>increased (rent). Trustee requested a hearing to show proof of expenses,
>etc.
>
>Now debtor calls me and tells me she was fired from her job today, so all
>she'll have for a while is meager unemployment income.
>
>So, my question is: Is it safe to convert to Ch. 7, or is there some
>reason to wait a while and see if she gets a new job, etc? I just had
>the US Trustee in another case threaten (so far) a 707b in a case where my
>Ch. 7 debtor, who had been unemployed for over 8 months prepetition, got a
>high paying job the day before the 341(a) meeting, so I just want to be
>sure that it's appropriate to convert under today's "let's get the debtor"
>environment.
>
>
>Thanks...
>
>***********************************************
>Mark J. Markus
>Law Office of Mark J. Markus
>11684 Ventura Blvd. PMB #403
>Studio City, CA 91604-2652
>(818)509-1173
>(818)509-1460 (fax)
>e-mail: bklawr@bklaw.com
>web: http://www.bklaw.com/
>************************************************
>Confidentiality Note: This e-mail is intended only for the person or
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>confidential, or otherwise protected from disclosure. Dissemination,
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>original message and all copies.
>

The post was migrated from Yahoo.

I'm getting a little gun-shy with all the 707b threatened motions lately, so thought I'd run this by the group:
Debtor is in a Ch. 13 and has been for about 15 months. We have a pending motion to modify Plan to lower her plan payments since her expenses increased (rent). Trustee requested a hearing to show proof of expenses, etc.
Now debtor calls me and tells me she was fired from her job today, so all she'll have for a while is meager unemployment income.
So, my question is: Is it safe to convert to Ch. 7, or is there some reason to wait a while and see if she gets a new job, etc? I just had the US Trustee in another case threaten (so far) a 707b in a case where my Ch. 7 debtor, who had been unemployed for over 8 months prepetition, got a high paying job the day before the 341(a) meeting, so I just want to be sure that it's appropriate to convert under today's "let's get the debtor" environment.
Thanks...
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.

I'm getting a little gun-shy with all the 707b
threatened motions lately, so thought I'd run this by the
group:

Debtor is in a Ch. 13 and has been for about 15
months. We have a pending motion to modify Plan to lower her plan payments
since her expenses increased (rent). Trustee requested a hearing to
show proof of expenses, etc.

Now debtor calls me and tells me she was fired from
her job today, so all she'll have for a while is meager unemployment
income.

So, my question is: Is it safe to convert to
Ch. 7, or is there some reason to wait a while and see if she gets a new job,
etc? I just had the US Trustee in another case threaten (so
far) a 707b in a case where my Ch. 7 debtor, who had been unemployed for over 8
months prepetition, got a high paying job the day before the 341(a) meeting, so
I just want to be sure that it's appropriate to convert under today's "let's get
the debtor" environment.


Thanks...

***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.