QUESTION
Can I file for Chapter 7 while in Chapter 13?
Asked on Mar 04th, 2013 on Bankruptcy - Colorado
More details to this question:
I can't keep up with my payments for my restructuring. Can I file Chapter 7 instead? How much more will that cost if I'm already paying an attorney for a Chapter 13? Does the same attorney have to do it?
3 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You normally don't file a chapter 7 but usually convert to the chapter 7. There is a lot more information that must be considered before either dismissing or converting a case. Talk to your attorney. If you do not feel comfortable with their answer, then talk to another attorney who is very good at their job.
Answered on Mar 06th, 2013 at 12:18 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It is not hard to convert a Chapter 13 to a Chapter 7. The Court charges a fairly small fee ($25 or $30). Your Ch. 13 lawyer is certainly free to do it, but if you have lost confidence in him or her, you can find another lawyer and fire the first one.
Answered on Mar 05th, 2013 at 11:24 PM
Deborah F. Bowinski
No, the same attorney does not have to do it. But you should contact your current attorney before doing anything else to see whether a plan modification or a conversion might be options for you. Unless you PREFER a new attorney, in which case you are certainly free to obtain new counsel.
Answered on Mar 05th, 2013 at 11:17 PM