QUESTION
Can I convert my chapter 13 to a chapter 7 if enough time has passed?
Asked on Aug 03rd, 2011 on Bankruptcy - Georgia
More details to this question:
In 2007 I filed ch 13, now I need to file again, so I filed ch 13 again, because not enough time as passed for a ch 7. Can I convert my ch 13 into a ch 7, when enough time as passed?
7 ANSWERS
If I understand you correctly, you filed a Chapter 7 in 2007, in which case you cannot convert and would only be eligible to file a Chapter 7 again in 2015.
Answered on Aug 05th, 2011 at 4:33 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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You will need to dismiss and refile if the timing has passed.
Answered on Aug 05th, 2011 at 4:07 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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After 8 years have passed you can have another chapter 7 discharge.
Answered on Aug 05th, 2011 at 3:30 PM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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Yes. I am happy to discuss your options with you. Please call to schedule a free consultation.
Answered on Aug 05th, 2011 at 11:28 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You can convert a Chapter 13 case to a Chapter 7 case at any time if you are eligible for Chapter 7. Since there are certain debts dischargeable in Chapter 13 and not Chapter 7 you need legal advice as to whether that would be the right thing to do in your case. Most importantly, if you are not eligible for a Chapter 7 discharge then there would be no reason to convert the case since the only purpose for a Chapter 7 is to obtain a discharge. If you received a Chapter 13 discharge already because of the 2007 case you filed you might not be eligible for yet for a Chapter 7 discharge. Hopefully you have a lawyer that should be giving you advice and to whom you should be addressing your questions. This is just very general information
Answered on Aug 05th, 2011 at 10:27 AM
2 Awards
You can, but you won't receive a discharge. Stay with the 13 if you can. You measure time for this purpose from filing date to filing date and a conversion dates back to the filing date, not the discharge date.
Answered on Aug 05th, 2011 at 10:27 AM
Glen Edward Ashman
No. And in filing the second chapter 13, you impacted whether you get the needed automatic stay in your 7. In acting without a lawyer, you likely have made a serious blunder. See a lawyer to determine how badly you messed up and if there are any fixes.
Answered on Aug 05th, 2011 at 10:04 AM