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If I do chapter 13 now, can I file for chapter 7 if I lose my job later on

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Deja Q Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 07:02 PM
Original message
If I do chapter 13 now, can I file for chapter 7 if I lose my job later on
?

It's difficult but manageable to make the payments now. Chapter 13 would help a lot... but if I lost my job, could I then file for chapter 7 or would I be stuck?

But with the cretins trying to change the law so I couldn't get either, should I try for chapter 13, hope I don't lose my job over the next 3-5 years, and hope the bankruptcy laws themselves don't change in the interim? I know a judge right now would force me to go chap 13 or dismiss the bankruptcy request unless I lost my job.

I wish my dipshit boss would just make his changes now. I don't want to be put in a nastier situation...

Thanks!
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brokensymmetry Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 07:12 PM
Response to Original message
1. It's easier than that.
You'd apply for an emergency discharge under Chapter 13, and - assuming the creditors had received at least as much as if you had liquidated your non-exempt assets - you should be able to get immediate and complete discharge.

And you're right, the law could change.

You might wish to visit with a couple attorneys in your area and get some input...

(No, I'm not an attorney, nor do I play one on TV!)
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southerngirlwriter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 07:14 PM
Response to Original message
2. Yes.
It happens often enough that it has a name -- "filing a 20."
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leftyandproud Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-09-04 04:31 AM
Response to Original message
3. don't do it!!!!
How much debt do you have?

Call this guy...He will help you...absolutely AWESOME advice. It will change your outlook on $$ forever.

http://www.DaveRamsey.com
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