Can I do this???? I filed for 13 a year and a half ago and now have found that it was the wrong thing to do....I should have filed for 7....
-
-
Yes you can! You just need to prove that you're still in severe debt under your Chp 13 repayment plan. Your attorney/you just needs to file the appropriate conversion petition to the trustee.
Good Luck!
The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation. -
I converted my 13 to a 7 two months after filing because of second thoughts. Everything is going well in my case, and I'm looking forward to discharge soon.
So long as you are eligible for a 7, it should be no problem. There's no court hearing about the conversion, either. All you do is file the conversion pleadings with the court, serve them, and that's it. (Luckily I had a lawyer who did all the busy work for me...but he did want me to pay him off - I was going to pay him through the plan.)
You do have to go through another 341 - this time with the 7 trustee. He'll ask you the reason for the conversion. Just tell the truth - my 7 trustee summarized what I said at the 341 (when he asked) as "second thoughts" and gave me no grief about it.
Once you convert, though, you can't go back.DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.Comment
-
Same here, I was in Ch13 due to working 2 full time jobs, after much thought, it was just easier to quit one job rather than commit myself to paying anything back over the next 5 years and working 80 hours a week! One 341 meeting for Ch7. Reason I gave for conversion was I couldn't hold 2 full time jobs, made the Trustee laugh, "THATS reason enough!" Now I'm just counting down the days to January 8th!
Good Luck, CatchmeifyoucanJuly 2006: Filed Ch13 :blink:
Oct 2006: Converted to Ch7 :clapping:
Jan 2007: DISCHARGED :clapping:
Nov 2007: CLOSED :yahoo::yahoo::yahoo:Comment
-
And if you filed under old law, old law will apply to your Chapter 7 - not new law!Comment
-
Old Thread. Old Law.
Please note the date of the original post.
4-6-2004
If this person were gonna make a change, it's all said and done by now.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
Comment