My debt is too much:
I have accumulated around 28 k in debt
Credit cards ,loans . I am barely making payment with not much to live on. I have filed A chapter 67 in May 2019 . I know I have to wait a year.
My question is would it be wiser to just stop payment a now. I am going to file when I am eligible. Is it to much time in between now and filing ? Would I take the chance of getting sued and garnished
William’s answer:
If you cannot file a Chapter 7 until May 2027, there are a few options.
One is to just file a Chapter 13 bankruptcy now. You’ll go through the process to get your plan approved and start making payments. Then after May 2027 you could just continue the Chapter 13 for the remainder of the plan (usually 36 months total so another two years if you qualify for a 7 other than the 8 year issue.). At the end of the Chapter 13 BK you’d end up with a discharge after plan completion.
The second option is to stop making credit card payments and only if you get sued before May 2027 file the chapter 13 as described prior, or file a Chapter 7 if you make it through May 2027 and can file another Chapter 7. The last option is a modified version of the first one. You’d do the 13, get a plan confirmed, make your payments on the plan, then after May 2027 you could voluntarily dismiss the 13, and file a new Chapter 7 case after May 2027 (8 years after your last Chapter 7 BK case filing date.). Note I said “dismiss” not “convert”. If you convert the 13 to a 7, the case will still be deemed filed prior to May 2027 and you won’t get a chapter 7 discharge. The Chapter 13 gets your bankruptcy “stay” as to your creditors now and they get some money during the first year, alloying you time to make it past the 8 year 7 to 7 filing limits.
How to deal with Debt collector attorney with no response?: I was sued from Capital One for unpaid balance, and I took this to court. The judge dismissed the motion to garnished my check. I was advised from the judge to contact and make arrangement with the debt collector attorney who sued me. During the trial, the debt collector attorney told me that I could email better which I did after the court and email the next day again to make some payment arrangement to closed this case. I haven't heard any response from the debt collector attorney's office for 3 days now. What should be the best move? I have to respond to the judge order by May 18 if the case was resolved or what not.
William’s answer: Go to nvbar.org and search for the attorney. Find the phone number he/she provides there and call it. Or just call the number listed on the top left address block for the attorney's office. Email is great, but not if you want something done quickly.
Can I file chapter 13 and then convert to 7 before the chapter 13 is approve: I have a collection agency that as file a lawsuit and they will not settle was wondering can I file chapter 13 and convert to a chapter 7 in 3 months before the chapter 13 is approve I file chapter 7 previously and the 8 years will not be up for another 4 months to file chapter 7 again my income is under the state means
William’s answer:
You can file a chapter 13 now but still need to move forward with getting it confirmed or the trustee moves for dismissal.
As for conversion - you can convert to a 7 however the filing date relates back to the original chapter 13 filing date so they doesn’t fix your timing problem. On your case once you’ve hit past your period where you’d pass 8 years from the last filing date of your prior 7, you’d have to first dismiss your chapter 13 case then file a new chapter 7 case. They way you’d have a filing date past the 8 year anniversary of your prior 7.