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:(my lawyer filed bankrupcy chapter 7 and about 3 weeks later he told me he couldn't file chapter 7 only chapter 13 because of the dirvorce settlement. What will happend? he is not telling me how to go on and what is possible to do

You have to qualify for Chapter 7. Obviously, you didn't.

Chapter 13 is basically a repayment plan. Talk to your lawyer. You're paying him for his services. Tell him you'd like to understand the difference between 7 and 13, why you didn't qualify, what are the next steps, etc.

Sub: #1 posted on Fri, 05/04/2012 - 06:37

OhioGal1 OhioGal1
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(Posts: 5253 | Credits: )

First i like to thank you for your replay. I did this yesterday and have no answer yet. Would you please be so kind and let me know what i could do or ask?

Sub: #2 posted on Fri, 05/04/2012 - 10:13


Call him again....and keep calling him.Ask him your questions.

Sub: #3 posted on Fri, 05/04/2012 - 10:53

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The issue you face is not clear. You say that there is a "divorce settlement". Are you receiving $$ or required to pay $$?

1. If receiving $$, unless it is exempt, the 7 Trustee takes the asset. You would convert to a 13 so that you can keep the asset.

2. If you are paying $$ for a "property settlement", that debt is not dischargeable in a Chapter 7 but IS dischargeable in a Chapter 13 so long as it is not "in the nature of support".

Your attny is telling you to convert most likely based upon one of the above.


Sub: #4 posted on Fri, 05/04/2012 - 20:06

despritfreya despritfreya

(Posts: 170 | Credits: )

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