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How long should it take for a Trustee to appoval swithcing from chap 13 to 7?

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    How long should it take for a Trustee to appoval swithcing from chap 13 to 7?

    Hello!
    My wife and I are in the midst of switching from a Chap 13 to a chap 7 due to twins coming in about 3 weeks!! We need to find another car as our cars are too small and we must give them back due a lifted stay on the vehicles under chap 13.

    We have obtained "pre approved" financing but we have to wait till the Trustee has signed off on the conversion and cant take possession of the new car till that happens. our Attorney office is busy and takes FOREVER to respond back. Is there anyplace I can check on this info or anyone have an idea how long it takes for the Trustee?

    BTW- we live in Arizona
    Chap 13- 10/09
    Chap 7 Conversion- PENDING Trustee Approval: 2/11
    Discharge-???

    #2
    I hate to say this, but it's going to take as long as it takes. Each trustee has their own approach for when and how quickly their case-related work is done. The one person who has a chance to speed the process up is your lawyer. If you can't get calls or emails back from your lawyer in a timely fashion, call and set up a face-to-face appointment as soon as possible to talk over what's going on. Good luck with the Ch 7 conversion!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      The Trustee doesn't approve a conversion from Chapter 13 to Chapter 7. It's by notice. However, having wrote that, your attorney may be following local practice which is usually to suspend payments for some time (weeks or 2-3 months) and after that doesn't work, convert.

      I have never actually heard of a Trustee signing off on a conversion. Even in a case that has previously been converted -- and not entitled to the one-time "absolute" right to convert -- it goes to a hearing. The primary purpose of that is to make sure you're not gaming the system to extend stays.
      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.

      Comment

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