? about converting to Ch. 7

[fiosrach]

We had a discharged Ch. 7 BK in Aug. '00. We plan to file Ch. 7 again as soon as we are eligible in August (medical bills). If we filed a Chap. 13 right now, would we be able to convert it to a Ch. 7 after August? Would that Ch. 7 be dischargeable? We live in Idaho.

If we can't convert and voluntarily dismissed the Ch. 13 after August, how long would we have to wait to refile a Ch. 7 petition?

Thanks.

[lrprn]

We had a discharged Ch. 7 BK in Aug. '00. We plan to file Ch. 7 again as soon as we are eligible in August (medical bills). If we filed a Chap. 13 right now, would we be able to convert it to a Ch. 7 after August?

The bankruptcy law changed in many ways in October 2005 - now you have to complete a required Means Test to determine which chapter you qualify to file. Do you show enough disposable income on the Means Test and Schedules to support a Ch 13 plan? Are you certain that you now qualify to file Ch 7?

Would that Ch. 7 be dischargeable? We live in Idaho.

If eight years have passed since you last filed Ch 7, then yes, your non-secured debts will be dischargeable.

If we can't convert and voluntarily dismissed the Ch. 13 after August, how long would we have to wait to refile a Ch. 7 petition?

Rather than messing with a Ch 13 for just four months, if you can wait to file until August, that would be better. Are you in danger of losing a secured asset and that's why you are considering Ch 13 now?

You will learn a great deal about what's possible in your situation and what isn't by setting up free or low-cost initial consultations with 3-4 experienced bankruptcy lawyers in your area. It's best to find out exactly what you can do and what you can't before doing anything, especially since you've filed before and the law has changed a great deal since then.

Good luck! Keep us posted about what you find out.