[CLBS] Conversion of No Longer Above Median Ch. 13

[Robin Long]

Tyler:

I believe there is a case, but I can't remember the name, wherein you just file the means test as is, but on the chapter 7 form. The numbers won't change and your client will clearly not qualify for a 7, on paper. I have done this many times. 

I always submit an affidavit from my client when converting, with my client verifying they lost their job, and any other pertinent information that shows their circumstances have changed and they now qualify for a chapter 7. I would suggest attaching any exhibits you have showing loss of income and the reasons.

Feel free to call me to discuss. 

Robin Long
Attorney
Foley Freeman PLLC
953 S. Industry Way
Meridian, ID 83642
P.O. Box 10
(208) 888-9111
(208) 888-5130

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tyler Wirick
Sent: Monday, March 07, 2016 4:39 PM
To: BK listserve <clbs at admws.idaho.gov>
Subject: [CLBS] Conversion of No Longer Above Median Ch. 13



All,

I’ve got a Ch. 13 client is in a five year plan due to income. However, the client is no longer able to work FT due and would like to convert to Chapter 7. Hardship discharge is not an option, but the client would now be under the median income on the Means Test. I seem to recall that that my client would be required to file Form 1222 as of the date of conversion. Is that correct?

PLEASE SEE UPDATED CONTACT INFORMATION, BELOW

Best regards,

Tyler S. Wirick
Law Offices of Tyler S. Wirick
PO Box 910116
Saint George, UT 84791
Telephone: (435) 243-5885
Fax: (435) 214-2480
tyler.wirick at wiricklaw.com <mailto:tyler.wirick at wiricklaw.com>


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