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New BK13 petition just filed, still not sure

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StayClassySanDiego
New Visitor

New BK13 petition just filed, still not sure

My wife and I just filed our BK13 petition. I'm still not sure we HAD to do a 13 but I guess it was our only option even though we only showed as being about $5600 over the median income.

 

Our attorney was able to exempt everything, even our roughly 90k in equity in our home and about 3500 in cash reserves, as well as all of our other belongigs and our 122C and Schedules I/J show we have no disposable income so our plan payments are only set to repay in full a personal loan which was a joint debt and must be repayed in full because of some of the exemptions used to protect our assets as well as about 5200 in arrears that resulted from having to pay our entire legal fee for filing up front.

 

The payment is totally manageable but I'm worried they will argue feasibility schedule 122C shows us about -700/mo before the $250 payment, and Schedule I/J shows us -450/mo I feel like we can do it but I'm nervous we either will have our case thrown out for feasibilty or that the trustee will somehow want us to pay even more. This is literaly a 0% plan on 165K in unsecured debt.

 

I guess I really don't understand why we even have to stay in a 13 and cant just do a 7 and be over with it in 90 days

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RealEstateGuy89
Frequent Contributor

Re: New BK13 petition just filed, still not sure


@StayClassySanDiego wrote:

I guess I really don't understand why we even have to stay in a 13 and cant just do a 7 and be over with it in 90 days



Were you trying to save your home in the bankruptcy?  Typically, if someone is trying to save their home or they are behind on their mortgage, by filing BK 13, it will save their house from foreclosure.

 

Without knowing that, it sounds like your income was too much during the last six months, so you weren't eligible for the BK7.  if you would've known that your income was going to change coming up by $5000, then maybe you could have waited and used the income from a different six month period and possibly qualified for a BK7 somehow.  I'm not a BK attorney though so I can't really advise you on this, but it would be worthwhile for you to talk to your attorney about these issues.

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