Hello, FIled for Ch7 but after the meeting with the trustee, The trustee does not want to accept the Valuation and or the exemption of my lots adjacent to my house and my daughters cars that also have my name on it but was paid by my daughter 100%. We took off our names as soon as the cars were paid, but the Trustee want the car, Can I change from CHapter 7 to CHapter 13, so she does not lose the car? Thank you
Yes, you can convert to Chapter 13 assuming you are otherwise eligible for relief under Chapter 13.
Chapter 13 has debt limitations of $383,175 for unsecured debt and $1,149,525 for secured debt.
You must also have "regular" income to contribute towards a repayment plan.
You will also have to pay out to your creditors at least as much as they would have gotten in the Chapter 7 case.
You need to discuss your situation in detail with an experienced bankruptcy attorney in your area. Chapter 13 is not a case you can successfully handle by yourself. You have issues of fradulent transfers as well (on the vehicle), so that will need to be dealt with.
Finally, the Chapter 7 Trustee may need to be compensated for the time and costs incurred thus far in your case, but an attorney in your area can explain that more fully.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a bankruptcy attorney- Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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