Thinking of converting from 13 to 7

[alwaysmordrbils]

Long story short, my 13's up for dismissal becaused of missed payments. I'm 24 months into a 36 month payback (at 87%). I've tracked down my attorney, who is no longer able to do bkrtcy cases because the original firm he was with is not longer around and his current firm doesn't handle Bk. He is filing his withdrawal of appearance in a couple of days. A new attorney wants 600 to convert or take over and file the objection to the motion to dismiss. Regardless, I won't have $600 to give him before the objection is due into the courts.

My car is being paid through the BK13, and has 1700 left before it's paid off. I'd like to keep the car, since I know what work it needs, etc. Also, my student loans are getting paid through the BK and through me too.

My question is two-fold. I filed the original 13 paperwork myself, and hired the old attorney when dealing with an over zealous creditor (Sprint!) before the 341 meeting of the creditors. Since then he's not really done anything. I'm considering doing the conversion Pro Se, but am not sure if I need to just file for the conversion, or if I need to file an objection to the motion to dismiss the 13, and then file for the conversion. Also, from my research, I'm thinking that I'd still be able to keep the car, just by redeeming it and paying it off in a single payment.

Has anyone attempted doing a conversion before?

[CATCHMEIFYOUCAN]

my experience

i know your endanger of getting your case dismissed simply because you've missed trustee payments.

here's how my case went:

i had an attorney

i filed ch13 simply because i had alot of cash withdrawals using my credit cards (gambler). the 2nd reason because i had 2 full time jobs, which automatically put me over my states median for a single person, no assets. my lawyer suggested i quit on job and just file ch7, but i didn't want to risk objections (so i played the game.)

3 months later, i decided $800 a month for the next 5 years was going to kill me. so i decided to do what the lawyer suggested, i quit one job, didn't get any objections (thank god!) and was able to convert to ch7.

i had already paid the lawyer $2000 ($1000 WAS to be paid through ch13 - but since i converted he said i didn't owe him any extra!

gosh, i wish you the best of luck!

you really have to have a good reason for converting, not because you missed payments either, has your income dropped?
income would be the biggest factor, unless someone in here is more knowledgable.

best wishes, catchmeifyoucan

[alwaysmordrbils]

I am under old law, so do not fall "prey" to the means test.

My income has actually increased (on paper), though my insurance premiums have also increased, my out of pocket medical has increase, as has our prescription costs per month. Thus racking up more medical bills that I can't pay when I pay the trustee 800/month.

[coma]

We filed our conversion pro se and are old laws. I went on PACER and spent a few dollars to look at motions to convert. I filed the motion, an updated statement of intentions, and declaration regarding schedules form. I got the order converting us, and have thirty days to add any creditors incurred since the 13 was filed and any property acquired in the 13. It was fairly easy, and I don't have any creditors or property to add. Now, we're awaiting our third 341 meeting in 2 years, which is in December 4th (we originally filed a 7 and converted t keep a car...stupid!!)

[alwaysmordrbils]

How do you get a PACER account?

[alwaysmordrbils]

Coma, Thank you for telling about how you handled your conversion. I've since gotten a pacer account and at least have my objection written!! Thank you again!! :-)

[coma]

Coma, Thank you for telling about how you handled your conversion. I've since gotten a pacer account and at least have my objection written!! Thank you again!! :-)

No problem! I had to do it myself, because we transferred our case from one state to another, and had to fire our attorney because she cannot practice here, and no one will take our case at this late date. It's preferable to have the attorney, but sometimes, you have to really do your homework and do it on your own!