even more chapter 7 woes

[mbrown61]

What is the name of your state? IN after talking to my attorney I advised here that my family would loan me the money to pay my creditors off and I asked her to dismiss the chapter7 ,the trustee said he would object to the motion to dismiss and if my family could help me pay my debt anyway then he would convert me to chapter 13 and they could help me there. what gives Is my attorney telling the truth I have no choice but to go thru with this, she stated we need to ammned my schedules and see if we can get it thru as a chapter 7, I really need some advise here, thanks

[Ladynred]

Unfortunately, the Trustee is within his/her rights to object to your motion to dismiss. The Trustee is there to get money for the creditors and by telling them that you could pay off your creditors with money from family, the Trustee is going to force payment unless you can ammend your schedules and follow thru with the Ch 7.

[mbrown61]

Ladynred, thanks for your reply, if in fact I dont make chapter 7 and im forced into chapter 13, other than having my bk dismissed with prejudice, is there anything criminal I could be charged with by not paying a mothly sscheduled payment, Im not about to do this, but I was wonder if you know what the penalties might be if i couldnt pay, thanks again

[Ladynred]

No, there are no penalties, criminal or otherwise, for not paying the plan payments. All that will do is get the Ch 13 dismissed for non-payment. The only real penalty is the hit to your credit reports and the circling collector vultures.

[mbrown61]

Ladynred, the trustee made the statement to my attorney that hed be keeping a close eye on my case and will really scrutinize my ammended schedules, I have nothing to hide, I have no assests that have been transfered to anyone in the last year, I grossed aprox 40,000 last year and my bk debt is aprox 51,000, My car is leased ,I own no house or lands, Is it normal for the trustee to look this hard at ammended schedules or has he singled me out as his next fishing expeditition???. I will let you know how the ammended schedules turn out with him. the trustee must not be as bad as I think he is, hes the one who automatically recommended I file ammended schedules, really cany figure him out and I guess I shouldnt, thanks again

[Ladynred]

From what I've heard they do single out some filers for tougher scrutiny, as the pressure has been on to get tougher on Ch 7 filings per Ashcroft last year. My guess would be that you let it be known that you could get money to pay your debts off and the Trustee may have decided to take a harder look. If he's the one who recommended ammending your schedules he may be telling you something. Its imposslble to know.

[mbrown61]

Ladynred,I decided to go over my schedules I and J before we ammended them and to find out where the trustee was saying I had almost 500 dollars that could be used, lo and behold I hadnt put In my schedule that I pay 550 dollars a month in child support, not sure if my attorney omitted it or me, either way it was an honest mistake, should this make up for the excess he sees in my monthly income or will I have to look at more options. will he accept this? thanks

[Ladynred]

Child support is non-dischargable and its court-orderd, the Trustee would have no choice but to accept it as a legit expense.