Conversion Question

[jleissler]

Hello All,

Hope I am in the right forum to post this to. In May of 2012 I filed Chapter 13 in Richmond, VA through an Attorney. Meeting, etc all went fine and I went upon my merry way paying the payments. In July of 2012 I moved for a new job to Akron, OH. Earlier this year in May I lost my job. I was able to continue some of the payments up until July/August with some savings but failed to continue to make them due to unemployed status. I recently got a new job (yay) however I received a notice from the Trustee in VA for a motion to dismiss. I have no way to make the payments up nor with my new position (Making approximately 8K less per year) will I be able to continue on that plan. From what I've read and understand I can file to convert this case to a Chapter 7. Now, I am a resident of Ohio. Do I have to file the conversion in VA and show up in VA for the new 341 hearing? Can I file the conversion here in Ohio, effectively moving my Bankruptcy here? I won't be going through an attorney this time, as I plan to file Pro Se.

Any thoughts or insights would be much appreciated.

Thanks,
Jon

[LadyInTheRed]

Welcome to BKforum!

The attorney who filed your case is still your attorney as far as the court is concerned. The first thing you should do is call that attorney and discuss the motion to dismiss and your move and a possible plan modification or conversion to Chap 7. This probably is not the best time to substitute yourself in as pro se.

[jleissler]

Thanks! Yes I have emailed my attorney but I have yet to hear back, also left the guy a voicemail. He was fully paid by Chapter 13 a few months before I lost my job. So I have no issue with owing him any money. So in the meantime while waiting to hear back from him I've been getting everything together for the 7 filing.

[despritfreya]

Your case is a Virginia case and will remain a Virginia case should you convert. Upon conversion, the Court will issue a new 341 date and you will most likely need to return to Virginia to attend it.

You do need to discuss converting with an attny. There were reasons why you filed as a Chapter 13. If the reason was that you did not "qualify" for a 7 at the time of filing then converting may or may not be an issue now that your income has been reduced. You need to understand the ramifications of moving from one chapter to another.

Des.

[jleissler]

Your case is a Virginia case and will remain a Virginia case should you convert. Upon conversion, the Court will issue a new 341 date and you will most likely need to return to Virginia to attend it.

You do need to discuss converting with an attny. There were reasons why you filed as a Chapter 13. If the reason was that you did not "qualify" for a 7 at the time of filing then converting may or may not be an issue now that your income has been reduced. You need to understand the ramifications of moving from one chapter to another.

Des.

Exactly. I had gone in for a 7 and couldn't do to financial circumstances. Well since that is the case, I'll let the Chapter 13 dismiss and work on Pro Se the 7. Thank you so much!

[KAM465]

jleissler,

I am not sure it is in your best interest to have your 13 dismissed and then refile under 7, if you now qualify for a 7 than conversion sounds like the way to go. Did you originally file a 7 and have to convert to 13, if so I had a similar case. I filed as a 7 but was an above Means Income and the trustee filed motion to dismiss due to Abuse and I was allowed to convert to 13. One year after conversion to 13 I got married and because of the added household expenses I was able to convert to 7 in July and just received my discharge at the end of November. I was not required to attend a second Chapter 341 Meeting for my reconversion to 7.

I did have to pay my attorney more for his services and the additional filing fees but it was pretty painless process, although waiting patiently for them to schedule a new 341 that ultimately was not required did cause a little bit of worry.

KAM

[jleissler]

jleissler,

I am not sure it is in your best interest to have your 13 dismissed and then refile under 7, if you now qualify for a 7 than conversion sounds like the way to go. Did you originally file a 7 and have to convert to 13, if so I had a similar case. I filed as a 7 but was an above Means Income and the trustee filed motion to dismiss due to Abuse and I was allowed to convert to 13. One year after conversion to 13 I got married and because of the added household expenses I was able to convert to 7 in July and just received my discharge at the end of November. I was not required to attend a second Chapter 341 Meeting for my reconversion to 7.

I did have to pay my attorney more for his services and the additional filing fees but it was pretty painless process, although waiting patiently for them to schedule a new 341 that ultimately was not required did cause a little bit of worry.

KAM

When I had met with my attorney originally I was married at the time and with the both of us going jointly my finances vs expenditures warranted the chapter 7, however a divorce had happened and changed the situation. I had about 280 a month leftover on the table which forced the Chapter 13, so Only a Chapter 13 was ever filed with the courts. I can easily convert the case in VA, but with my new job I won't have any time to get off to even drive the 8 hours out to attend the meeting and get back. I have a couple factors to look at with that in terms of can I even get a full day off for the new 341 hearing as I would be required to do in VA if I convert to the 7.

[jleissler]

My attorney finally got back to me. Basically if I want to convert in VA, I can but I'd have to appear. or I can let it dismiss in VA and I can file the 7 the next day here in Ohio. Which is what I'm going to do. Thank you all for your responses.