Opinion re: Ch 7 filed. w/ extra income

[favouriteslave]

What is the name of your state? California

My atty just filed our Ch 7 yesterday. We have a no asset case w only $222 left over ( without my unemployment) . My atty says be prepared to convert to a Ch 13 incase the trustee thinks its enough to repay our debt. We owe $82, 678 in unsecured credit card debt. I am really worried that the trustee will see that $222 is enough for a Ch 13. Also I am on Unemployment. I lost my job AGAIN in Oct. I've lost my job 2 times in the last 2 years. I was only granted 6 mos unemployment. My atty had to list that as income with (3 months left) after it so they could see it was a temporary income and disregard it for long term. He said they should understand this and not see it as an extra $1052 income in addition to $220.00.

Opinions?

D

 

[Ladynred]

Sounds like you and your lawyer need to do some more work on your expenses list and go back over that worksheet. You really don't want to be shoved into a Ch 13.

 

[favouriteslave]

LadynRed!

We went through it with a fine tooth comb. My lawyer said he'd never seen anyone list so many expenses! I counted everything possible! We don't have enough left over for even 10% percent payback. From what I heard is that at least 10% for cc debt plus a % for the trustee? So that would have to be more than 10% total. Am I wrong? If I notify the judge, trustee I am expecting will that change their opinion? I fear being pushed into Ch 13 with baby on the way and no $ to buy the things we need to prepare for the child. Even if we went into Ch 13, we would have to convert to Ch 7 soon anyhow. It just seems to be a waste of time for them to even consider Ch 13 for us.

D