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Anyone ever hear of a no income chapter 13?

Submitted by on Tue, 06/23/2009 - 10:54
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Anyone ever hear of a no income chapter 13?

I'm barely a no asset case, no house.
I own literally a car and personal effects.

The state bar says it's possible depending on what the lawyer does. But why would a lawyer do this?


Not sure -- I don't know much about 13 -- but isn't 13 a repayment plan? Wouldn't you have to have income to repay - if not you would be filing under chapter 7?

I don't really know -- I know my grandmother had at one point conisdered filing for chapter 7 - found out her home (paid for) would not be exempt (VA only covers up to $5000) so wanted to convert to Chapter 13 and was told her income (about $1200/month) was not enough for a repayment plan and she couldn't file 13... so not really sure on this, but from my experience, it doesn't seem like that would work.

But again, keep in mind my experience is he said, she said, etc... so I don't really know for sure. In your case seems like a 7 may be a better option. I would consider consulting an attorney, most offer free consultations -- get some advice and see what your options are.


Submitted by sixxgurl1982 on Wed, 06/24/2009 - 11:02

sixxgurl1982

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I think the question here is WHY are they recommending a 13 vs a 7? I don't know why a lawyer would do that other than to put his fees in the 13...

BTW...a 7 will cost around $1000 -$1500...a 13 will cost between $2500 - $3500...PLUS you pay trustee fees every month...IMHO, talk to a few more BK attorneys to get a better understanding of your situation and which BK would be right for you.


Submitted by desperatelyseekingsanity on Wed, 06/24/2009 - 13:03

desperatelyseekingsanity

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I am the OP.
I consulted with 5 lawyers so far. Each with their own very different plan. This is the first who suggests a 13.
I live with a relative who gets a VA disability check, and I help him out a lot, so much that it's the reason I can't work a regular job.
I've seen at least one website mention a no income 13.
State bar says it's not impossible.

I think the attorney is thinking about finding a way to work in my relatives disability check to fund the payments. I can get $100 a month from the relative, maybe the attorney is thinking he can verify that my relative pays me. I don't know.

I really want to do a ch7 but this attorney said the problems are these: I sold a car to a friend (who lives out of state.)
I personally do not see the problem with that because my friend paid fair market value, I have proof via title transfer reciept, tax paid, cash deposit of the money to my bank.

The other problem he says is the car I own is just on the line of exempt/non-exempt and I told him I don't want to lose it.

He said ch13 trustees are more lenient and won't even look at my assets, while the ch7 trustees are more aggresive and might go after my friend as being an insider and sue her, and are more likely to try to take my assets.

I can't really believe that my case is so difficult. It should be a no asset ch7.
But the value of my car is a big problem, it's only a 8 year old Z28. The problem is how each attorney has a different way to value it, it's nothing special at all. One said I'd lose it, one said get an appraisal service to look at it, one said wholesale, and one said retail (which is rediculous)


Submitted by on Wed, 06/24/2009 - 20:10

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