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Can I convert from Ch13 to Ch7?

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    Can I convert from Ch13 to Ch7?

    My husband lost his job today. We have made 18/60 payments toward my 100% Ch13 plan, all payments on time in full. On Monday I will call my attorney and see if we can convert. In the meantime, I am interested in hearing your stories of conversion to Ch7 from Ch13.

    My biggest concern is the means test. Looking back we are above median, but looking forward now that he lost his job we are well below median. We are in the central CA district, Riverside county.

    #2
    I converted but I qualified for a Chapter 7 prior to filing my Chapter 13. I was also a non-consumer case, so a Chapter 7 did not take into account some things.

    Generally an attorney would likely put your payments into abatement for a couple of months. If you're unable to get new employment, the attorney can look to see if conversion is easy in your District. Some require a new Means Test and new Schedule I/J, but other districts may use the original income. You may need to let the Chapter 13 dismiss and then file a Chapter 7. But be very careful. Filing two bankruptcies within 7 years can affect certain security clearances (if that's necessary for employment). Conversion is the best way to do this so it counts as only one case.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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