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Converting Ch 13 to Ch 7 question

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    Converting Ch 13 to Ch 7 question

    My 13 was filed and meeting of creditors held 5/19. My confirmation hearing is tomorrow but I have been unable to get my questions between the two hearings answered by my attorney except for very brief texts. Our plan (meaning mine and my attorneys) was to file the 13 and then convert to a 7. I was unable to fully make the first scheduled plan payment (payments are $500 and I paid $300). I was unable to make the second payment at all. When asking my attorney what is the next step in moving forward to converting to Ch 7, it was answered that it would be filed before the confirmation hearing and that I should begin working on requesting my mortgage loan modification requests. I have sent several emails and made several calls to try and confirm with my attorney if my hearing is going forward tomorrow. Obviously absent her answer tonight, I am showing up tomorrow no matter what so as not to jeopardize the case all together !!

    I am wondering tonight if any of you have converted and if so, what are the steps and when are they usually followed so I might try to understand that process somewhat.

    Thanks for any response or help!
    Goal: File 13 and convert to 7 - Might get a little bumpy !
    Actions: 4/2011 CH 13 filed >>> 5/19/2011 Meeting of Creditors

    #2
    Why did your lawyer recommend filing a 13 first and then convert it to a 7?

    You need to get a direct connection with your lawyer very quickly to share this news. Call the office tomorrow first thing and explain you can't make your first payment and need to speak directly with your lawyer as soon as humanly possible about it. Get a confirmed date/time for a call or an office appointment set up. Don't take no for an answer.

    Since you can't make your full initial Ch 13 payment, it won't take more than 1-2 months for your trustee to dismiss your 13 for non-payment (partial payments don't count). This puts you right back where you started from before filing, except now you'll have a failed 13 on your credit history for the next 10 years along with the Ch 7 which I assume your lawyer will then file for you (as probably should have happened in the first place).
    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

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