You can convert from chapter 7- to chapter 13 bankruptcy (see section 706 of the bankruptcy code for details) if you're otherwise eligible for chapter 13 bankruptcy (and if circumstances merit the conversion). Here's a snippet from our San Diego bankruptcy website: Who Can File Chapter 13 Bankruptcy: Persons can file for chapter 13 bankruptcy, but corporations and business entities cannot. If unmarried, you must file for bankruptcy alone. If you are married, you can file a bankruptcy petition with or without your spouse. If you previously received a discharge from a Chapter 7 Bankruptcy filed within the last 4 years, then you can file a chapter 13 without delay, but you won't get a discharge. This means you'd only get dollar-for-dollar credit (rather than penny-on-the-dollar credit). If you previously received a discharge from a chapter 13 bankruptcy filed within the last 2 years, then you can file a chapter 13 without delay, but you won't get a discharge. This means you'd only get dollar-for-dollar credit (rather than penny-on-the-dollar credit). In order to qualify for chapter 13 bankruptcy, your secured debt (like mortgages and car loans) must fall short of $1,081,400. Your unsecured debt [like credit cards, medical debt, and "unsecured" second mortgages (where the first mortgage's payoff is higher than the home value) must fall short of $360,475.
Answered on Nov 08th, 2012 at 3:58 AM