QUESTION
Can we convert our bankruptcy from Chapter 13 to Chapter 7?
Asked on May 11th, 2013 on Bankruptcy - Arizona
More details to this question:
My wife and I filed chapter 13 at the end of 2012 we just received orders to move to Texas we are expecting our cost of living to raise because we will not be able to live on post in Texas so we are wondering if we end up having to can we convert our bankruptcy to a chapter 7 in a state other than where it was filed.
9 ANSWERS
If you are eligible to convert to Chapter 7, it doesn't matter where you live. However, you need to get advice from an attorney in order to determine whether you are eligible to be in Chapter 7 and whether it really is your best option. A number of factors need to be looked out in order to determine whether you can, and need to, convert to Chapter 7. And, in some circumstances, it is better to dismiss your Chapter 13 and file a new Chapter 7.
Answered on May 14th, 2013 at 11:48 AM
Maybe. It depends on a lot of different things. Ask your current lawyer.
Answered on May 14th, 2013 at 11:48 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Yes
Answered on May 14th, 2013 at 11:47 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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You can convert to a Chapter 7, but you will do it in the Court where your bankruptcy is filed. It will not really matter where you live. What will matter is your income, the change in circumstances, and the new Form 22 you will file with a conversion. If the Form 22 indicates you are in Chapter 7 territory, you can convert.
Answered on May 14th, 2013 at 11:47 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Yes, but not in Texas and assuming you are eligible according to the means test.
Answered on May 14th, 2013 at 11:47 AM
It might be possible, but the devil is always in the details. If your case is converted, the case will remain in the state where it was originally filed and will not be moved to your new home state absent extraordinary efforts that would not change the result.
Answered on May 14th, 2013 at 11:46 AM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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You can convert it here in Illinois before you move; however, you would need to go to one court hearing back in Illinois about 4-6 weeks later. You should talk with your lawyer about it to be sure you are eligible to do that. If you don't have an attorney, you should hire one and discuss your options.
Answered on May 14th, 2013 at 11:46 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Talk to your bankruptcy attorney. It may be best to stay in the chapter 13 depending on the debts being paid through the plan.
Answered on May 14th, 2013 at 11:45 AM
Yes. You can
Answered on May 14th, 2013 at 11:45 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals