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To those who have converted 13 to 7....

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    To those who have converted 13 to 7....

    Does the trustee payments stop when you file the motion to convert or when it's approved and discharged. I think I know the answer but it's always fun to dream!

    #2
    Converting from 13 to 7 is automatic and only subject to review based upon a Section 707 (abuse) issue. Once you have made the decision to convert you should cease making payments to the Chapter 13 Trustee. If your Chapter 13 Plan was not Confirmed, funds held by the Chapter 13 Trustee will be returned to you less any allowed adequate protection payments or administrative fees.

    Des.

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      #3
      That's great news! thanks Des

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        #4
        So, out of curiosity, does the atty. try to discourage Chapter 7 for their benefit? I was going for a Chapter 13 but then found out I couldn't strip my 2nd. However, my atty didn't suggest Chapter 7, I did and when I did, he reviewed my file and said I qualified. Why wouldn't he have suggested it? Also, if you file for Chapter 7, is your house definitely protected? I'm in CA. Thanks!

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          #5
          If you're paying any of your attorney fees into your plan, he might not have received his full ch.13 fee from you yet. That could be a factor in his recommendations....
          Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
          0% payback to unsecured creditors, 56 payments down, 4 to go....

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            #6
            A chapter 7 does not protect your house from foreclosure if you are behind in your payments.

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              #7
              Is your home protected on a Chapter 7 if you are not behind on payments? I was able to modify my home loan under HAMP prior to filing my b/k.

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                #8
                Originally posted by lilloarin View Post
                Is your home protected on a Chapter 7 if you are not behind on payments? I was able to modify my home loan under HAMP prior to filing my b/k.
                Yes, as long as you can exempt any equity that you have.
                Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
                0% payback to unsecured creditors, 56 payments down, 4 to go....

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