Ch 13 converts to 7

[Sherlock]

We have a very complicated bankruptcy case. Initially entered into Chapter 13 and later found that the payment we had confirmed was challenged and they wanted to double it. We were unable to make the higher payments and rec'd a letter from the court that we had the option to convert to Ch 7 or have the case dismissed. We decided to convert to 7 and our atty was going to file the motion on our behalf. Guess he forgot so we rec'd a letter that the case was dismissed. When we called him he said he had filed a motion to reinstate the case and then convert to a Ch 7. Do any of you have any knowledge about this type of situation? We are in limbo. Because the case was technically dismissed the automatic stay was lifted and the creditors are hounding us again. Any thoughts or experience?

[alorth]

I'll never understand why SOME TT's and Judges insist on making in-trouble creditors accept 13 plans with higher payments than they could ever "reasonably" stick to for 5 years in the REAL world. I believe too many are in love with their facts and figures and hypotheticals, rather than looking at real life. There are some that are decent out there, for sure, but too many are simply academics about the situation rather than empathetic.

My wife and I started the process thinking 13, tried a 7 at the advice of our atty., it is getting dismissed, so we're back into the 13 anyway, and its looking like they want us to be in a plan with a much higher payment than we can reasonably afford or stick to for 5 years...similar to you.

BK is not an easy road. In fact its quite the headache. Wish I had some advice that could help you.

How long did it take the Creditors to start hounding you again after the stay was lifted? If you don't me asking.