From your question, it appears that you filed a Chapter 13 and now want to file a Chapter 7. You really do not have to dismiss the case. You can (1) file a motion to convert to a Chapter 7; (2) Tell the Chapter 13 Trustee that you will not be able to keep to your proposed plan and see if the Trustee will automatically convert the case; or (3) inform the Trustee that you are not going to appear at the 341 hearing, and the Trustee will either continue the hearing or dismiss it on the spot. If the hearing is continued, failure to appear a second time will cause the case to be dismissed. ?The alternative is is file a motion to dismiss, which is more work for you. The 180 day bar is usually applied to cases that are filed in bad faith. Every jurisdiction has a different approach. What you will have to figure out is, in a Chapter 13, you showed that you have disposable income on Schedule I, and now when you file a Chapter 7, you will have to show that you do not have disposable income. ?You will need to resolve this conflict before you file a Chapter 7. The other issue will be the means test, which I presumed was explained to you.
Answered on Jan 07th, 2014 at 6:45 PM