Converting from Chapter 13 to a 7

[lilloarin]

Hi All,

My attorney started us off on a Chapter 13 as we were trying to strip a 2nd. The 2nd fought it and said the house is worth more and we cannot strip the second. We filed in November and made 3 Chapter 13 payments and now my atty said we qualify to convert to a Chapter 7. My question is, will we need to provide current bank statements to convert to a 7 since we filed in November? My lawyer currently has statements from May - October, 2010. Does anyone know the answer? Thanks!

[despritfreya]

The Chapter 7 Trustee should look at information from prior to the filing date, up to the filing date, not the date of conversion. Typically a Trustee has a generic letter requesting documents. That letter is geared to folks starting out as a 7, not a conversion from a 13. I tell my clients that any reference to the filing date is exactly that, the filing date, not the conversion date, therefore a request for information dates from the filing date. (Hope that made sense).

Des.

[lilloarin]

Thank you so much. Makes perfect sense!