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If a married couple hired an attorney and filed chapter 13 bankruptcy 3 years ago can they now include their mortgage & file 7

Utica, NY |

also is there a limit on what is earned from preventing them to file chapter 7,while they are in the chapter 13 they are paying 509.00 monthly to the trustee.
If they are able to include the home in the bankruptcy at this time is there additional paperwork that must be filed with either the trustee or the court.

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Attorney answers 3


You wrote, " there a limit on what is earned from preventing them to file chapter 7?"

A: Yes.
The means test would apply.


If properly prepared, your Chapter 13 should have included your mortgage. If you wish to convert to a Chapter 7, you will need to show that you are now eligible to file Chapter 7. This decision may cause you to forfeit any of the goals you were working on through your Chapter 13 Plan, such as catching up on mortgage arrearages, paying off a vehicle, or paying off past due tax debt. The devil is, as they always say, in the details. The paperwork involved would be a motion to convert, an updated budget (schedules I & J) and a Chapter 7 Means Test. Hope this perspective helps!


This is something you should be asking your current attorney

Legal disclaimer: Disclaimer: This answer does not constitute legal advice. I am admitted in the State of New York only and make no attempt to opine on matters of law that are not relevant to NY State. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.