Converting from 13 to 7

[KLH547]

Hi All ~
It's been a while since I have posted. I filed for BK June 2009. I filed Ch. 7 but quickly converted to a 13 when I neglected to include periodic income from a part time job. The income put me over by $400. I know ~ stupid. Anyway, I lost the part time job and my income from my full time has fallen over the past six months. I have struggled to make the payments in my 13. I want to convert to a 7 due to loss of income. I now easily fall under the median income that was in place at the time I filed as well as the adjusted income that went into place in November 2009.

When I contacted my attorney, he told me that they don't just dismiss and refile. I wasn't planning on dismissing and refiling, I want to convert as I can no longer cover the payments due to loss of income. This is correct, right? I can convert to a 7 due to loss of income? I'm sure this has been covered but this is making me crazy!

Thanks in advance!

[AngelinaCatHub]

Yes I believe you are right. Now question: was your 7 dismissed, or converted? If dismissed you may have a time problem and your auto stay may be adjusted to 30 days. Do you have the C7 book from Nolo? Get it. It is good.

Have you read all the "stickies"? 'Hub

[KLH547]

My 7 was converted, not dismissed so I am all set as far that piece is concerned. I do have the NOLO book and it's great! Thanks!

[justbroke]

I think the issue is that your conversion is not guaranteed. Generally speaking, a debtor has an absolute right to convert a Chapter 13 to a Chapter 7... unless their case was previously converted. (This is the majority view on the absolute right.)

I think you may have lost that absolute right. This means, that instead of filing a "Notice of Conversion", you would file a "Motion to Convert", serve it on all your creditors and the Trustee, and then await a hearing on the matter.

Of course, this is controlled by local rule and you'd have to look up FRBP 1017 and 1019, as localized, by your District. I'd try to nail this down by checking out your local rules on 1017 and 1019 just in case.