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going from chapter 13 to chapter 7 questions

Submitted by on Mon, 09/22/2008 - 08:57
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My husband filed chapter 13 prior to our marriage (1 1/2 years ago). Now that we are married, the means test says he is eligible for chapter 7. I have a LOT of credit card debt and was considering filing chapter 7 myself. Would we need to file seperately due to him changing his from 13 to 7? I'm just not sure of the best way to go about this. My debt is just driving me crazy and we are really struggling to pay his chapter 13 payments and my credit card payments. Any help or advice would be appreciated.


Most bankruptcy lawyers will give a free initial consultation, and that question would probably be better answered by an attorney. It seems to me that you could probably file jointly, while at the same time converting his 13 to a 7. Does your husband have an attorney for his 13? If so, you could probably just call and ask him or her.


Submitted by alias1958 on Mon, 09/22/2008 - 11:40

alias1958

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chapter 13 is the worst move i ever made. I should have just ch.7 and bin done with this mess. In ch. 13 you can not buy anythng with out the courts approval, I have a leased car and because of this whole mess, am going to buy a used car with cash instead of being able finance a car . everything that is included in the ch. 13, even if you pay one particular item off, you dont receive any of the money back or does your payment go down it stays the same for the entire 5 yeard


Submitted by on Mon, 02/23/2009 - 16:09

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