QUESTION

Can I file capter 7 If already in chapter 13

Asked on Oct 15th, 2015 on Bankruptcy - Georgia
More details to this question:
I am in chapter 13 but missed 3 month because I retire . Did not have enough money to pay.
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1 ANSWER

Bankruptcy Chapter 13 Attorney serving Athens, GA
2 Awards
In most cases, a debtor in a Chapter 13 case can convert the case to Chapter 7.  There are exceptions, however.  If you filed a Chapter 7 case within 8 years prior to filing the Chapter 13 case, you likely would not qualify for Chapter 7 relief.  Also, if  your income is too high, the "means test" may disqualify you from Chapter 7.  If you are paying secured debts through the Chapter 13 plan, such as a car loan or a home mortgage arrearage, you would have to work out a new arrangement with the creditor, or you may lose the collateral after converting the case.  And, if you have property or other assets that have value over and above the amounts you can claim as exempt property in the Chapter 7 case, you could lose those assets in Chapter 7. The decision whether to convert to Chapter 7, try to modify your Chapter 13 plan to a lower payment, or simply dismiss the Chapter 13 case is complex.  Make sure you fully discuss all of the ramifications with your attorney before you make the decision.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.
Answered on Oct 15th, 2015 at 12:57 PM

Our response is for general information only. No attorney client relationship is created. Always consult with a qualified attorney directly.

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