QUESTION

Could we possibly have this chapter 13 dismissed and file a chapter 7 so we can just simply move on with our lives?

Asked on Sep 21st, 2016 on Bankruptcy - Nevada
More details to this question:
We are currently 4 years into a chapter 13 and we have not received a discharge yet.
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4 ANSWERS

Not sure why you filed a CH13 to begin with you. An option is to convert your case to a CH7. Speak to an experienced lawyer about your options. Most lawyers will charge you for the consultation since you are in a current pending BK.
Answered on Oct 12th, 2016 at 6:16 PM

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Bankruptcy Attorney serving Las Vegas, NV
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A Chapter 13 usually lasts 5 years, so you don't receive a discharge until you complete your plan. If you are unable to complete your plan due to some type allowed hardship you may be able to complete it early so long as you have been in 3 or more years, or if you no longer have disposable income to make your plan payments you could convert to a chapter 7.
Answered on Oct 12th, 2016 at 6:14 PM

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You may do so so long as your means test does not disqualify you from chapter 7. You might also consider simply converting your chapter 13 to a chapter 7 case. It's always best to consult an experienced bankruptcy lawyer, because any such change could have unanticipated consequences.
Answered on Oct 12th, 2016 at 6:14 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You may always dismiss a Chapter 13 case on your own motion. The more important issue is whether you are eligible to file Chapter 7 and receive a discharge at this time. For most people in Chapter 13, a discharge will not happen until you have made payments for 5 years. You need to also understand that some debts can be eliminated only in Chapter 13 and will not be discharged by refilling a Chapter 7 case. You also should understand that another option may be to CONVERT your existing Chapter 13 to a Chapter 7 case. Alas, without a complete analysis of facts that you cannot provide in an online question, no one can say whether this proposal you make is any good.
Answered on Oct 12th, 2016 at 6:14 PM

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