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Just need my nerves eased Chapter 13 to 7 Conversion

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    Just need my nerves eased Chapter 13 to 7 Conversion

    I filed Chapter 13 about 1.5 years ago due to divorce and in an attempt to keep my vehicle. I had about $27,000 in credit card debt and a $20k in a car loan. My case says that I only had to repay the car loan. I have recently sold the vehicle for what I owed and the bank has sent an amendment to my claim so it now shows that satisfied. My lawyer first sent something over to to try and stop my payroll deductions which he says the trustee denied. So then we tried to ask for a discharge. He informed me that in Missouri he didn't have much faith that getting a discharge would be that easy. He emailed me today and said that the trustee made a move to modify my plan and continue payments and denied the discharge. My attorney is now suggesting I convert to chapter 7. This I am honestly completely ok with. Id feel great about just knowing these debts are behind me and getting a full pay check again.

    The reason I'm posting here is that my attorney said "I don't see much opposition to converting to chapter 7, but who knows" and its made me anxious since. Of course I got his email right before they closed so lucky bkform.com gets to be my first stop for advice I'm a single dad taking online college courses but I still make about $36,000 a year. Is there any reason the trustee would deny my request to convert my 13 to a 7? I'm paranoid we are going to catch the trustee on a "bad" day and hes just gonna deny it lol. Gonna be pretty painful if I sold my decent vehicle and STILL have to make my trustee payments. Thanks in advance for any advice. This site has always been very insightful and I couldn't thank you all enough.

    #2
    The Trustee can't deny your request to convert. A debtor, in a Chapter 13, is entitled to a one-time conversion to Chapter 7 under 11 USC 1307(a) -- I know that by heart! -- so long as they qualify under the Means Test! This is done by notification only. You don't need to ask anyone to convert! You just send a notice and affirm, in the notice, that you are entitled to under 1307(a), that this is the first time you've ever converted the case, and that you are entitled to a discharge under Chapter 7.

    Then you get a new 341 Meeting and a new deadline to file complaints starts. Bonus is that any debts that you acquired and want to discharge since filing the Chapter 13, can be included in the Chapter 7 and discharged!

    Best of luck to you!
    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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