QUESTION
If I am trying to file chapter 7, can I be forced into chapter 13?
Asked on Jul 12th, 2013 on Bankruptcy - Arizona
More details to this question:
I live in Virginia. I'm filing on a 4 year old single wide mobile home in a park, 2 financed cars and credit card debt, adding up to 127,000. I am married with 4 kids and one on the way! I make around 50-55,000 a year. My wife is not filing with me. She has no debts. Everything is in my name only. What, if any reason, could I be denied a chapter 7 and forced into a chapter 13? Can I be forced into a 13 for any reason?
4 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I am not licensed in Virginia, only in Missouri. If your household income is more than the median income, you may have to do a chapter 13.
Answered on Jul 15th, 2013 at 12:10 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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No one can require a chapter 13 bankruptcy. You cannot be required to submit yourself to a bankruptcy payment plan. However, a chapter 7 can be denied or might not be advisable. If a chapter 7 is not possible, then the choice is no bankruptcy and you must deal with your creditors outside of bankruptcy,n or you can elect to be a party to a chapter 13. You should consult an attorney regarding your specific situation.
Answered on Jul 15th, 2013 at 12:08 AM
You can't be forced into a Chapter 13 but if you don't qualify for a Chapter 7 for any number of reasons, your choices in bankruptcy court may be Chapter 13 or nothing. The devil is always in the details as to whether you do or do not qualify for Chapter 7 or not, and if you are representing yourself, you may not be in a position to judge whether or not you are qualified for Chapter 7.
Answered on Jul 15th, 2013 at 12:07 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You need to talk to a bankruptcy attorney licensed in Virginia. You posted this under Arizona.
Answered on Jul 15th, 2013 at 12:05 AM