Question about converting??

[Jeepy89]

I have been trying to search for the answer but have come up with nothing concrete.

If you originally filed Chapter 7 (new law) and the US Trustee wants you to convert to a 13 - and you do. So a couple of years into the plan something changes (such as new child or loss of income) - can you convert back to a chapter 7?

[CATCHMEIFYOUCAN]

where there's a way there's a will .. surely there is something that can be amended if you income decreases and you cant meet payments again ??? did you consult a lawyer too ???

im was in a 13 now going to a 7 but never heard of 7 to a 13 than back to a a 7 again

best wishes, catchmeifyoucan

[macsen]

Yes. You can convert if meeting a payment plan is not longer possible. My attorney also said the U.S. Trustee rarely challenges these conversions.

[HHM]

Actually, under the old law, and I imagine its the same under the new law...if you were in a Chapter 7 to start with, converted to a Chatper 13, you generally cannot convert back to a Chapter 7. If I remember correctly, you can only convert from a 13 to a 7 if the case was originally filed as a 13.

As with any adivce on this forum, you should check with an attorney...but I think you may be out of luck on this particular issue.

[macsen]

Disagree based on what I've been advised and the fact that our circumstances are exactly as described in the first post (hoping to satisfy the U.S. Trustee however and avoid conversion) but agree absolutely that an attorney should be consulted in any case where there is a doubt. This forum should always be used as a secondary source of info. And if you're correct...Guess it's time to look for a new attorney!

[HHM]

Disagree based on what I've been advised and the fact that our circumstances are exactly as described in the first post (hoping to satisfy the U.S. Trustee however and avoid conversion) but agree absolutely that an attorney should be consulted in any case where there is a doubt. This forum should always be used as a secondary source of info. And if you're correct...Guess it's time to look for a new attorney!

I checked, I had it a little confused....

You cannot voluntarily DISMISS a chapter 13 if it had previously been converted from a chapter 7. But as best as I can tell, you can go from a 7 to a 13, then back to a 7. But you will have to meet all the requirements for a Chapter 7 when you attempt to convert from a 13 to a 7. Honestly, such an occurrence is pretty rare, and given how low the disposable income threshold is for 13's now, once it one, its pretty difficult to fall out of one short of another serious financial set back.