75% chance Chapter 7 will go through?

[Anonymous]

Today was supposed to be the day I met with the attorney for my final Chapter 13 payment and to do counseling, but 2 of my children have stomach flu, so I had to reschedule.  I talked to the paralegal and asked her if we were eligible for a Chapter 7 she put me on hold.  She came back to the phone and said that the attorney said there is a 75% chance of a Chapter 7 going through.  Has anyone ever experienced their Chapter 7 not going through?  She said that they would show us negative.

The reason I inquired about a Chapter 7 was because I was concerned about making the payments in the plan.  The proposed payment is already a reach for us and if anything happens I don't know if we can stay in the plan.   The attorney stated that we can go in the Chapter 13 and if it doesn't work then do a Chapter 7.  In a Chapter 7 I know child support and student loans will not be 'frozen' but honestly the child support (current and arrears) is already being garnished from my husband's check.  We can pay something on the student loans like we have been doing.

Thanks for your advice?

[QueenBean]

Yes.  I filed Ch7 which looked good when filed, but was disputed & ultimately denied due to my income being too high.......it was then converted to a Ch13 which was dismissed because my income was too low to service the debt (go figure).  I ended up having to settle my debts on my own, and still get to carry the BK around on my file.

Different sources of income and allowed debt are considered in the Ch7 means testing vs Ch13 testing.  In terms of your credit, I think a Ch7 would actually be the lesser of the 2 hits because once you are discharged your DTI improves immediately and you can start rebuilding.