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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 07-20-2004, 06:30 PM
gremlins
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Which is used??


What is the name of your state?WA..When converting from a bk7 to a bk13, and income has decreased since bk7 was filed, which income is used for the bk13, same income of 7 or new income for 13?
  #2  
Old 07-20-2004, 07:06 PM
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Your income at the time you file the ch. 13 petition is what matters. Think about it: ch. 13 requires that you pay all of your disposable income (take-home minus expenses) to the trustee, who will then pay your creditors according to the plan you file. The plan has to take into account what you can pay NOW. In fact, if your income goes up or down after filing, you may need to modify your plan in sympathy.
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  #3  
Old 07-20-2004, 07:39 PM
gremlins
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Hmmmm


Problem is the trustee is basing his decision to motion to dismiss on my income when the 7 was filed. I have written to him explaining that my income has went down by 15%. Also, I am not working the overtime I was working....
  #4  
Old 07-23-2004, 04:23 PM
gremlins
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I also need to know that if I convert to the 13, and end up getting a severance from my current employer, will the trustee attempt to take the severance also?
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