QUESTION
How can I get a conversion from a chapter 13 to a chapter 7 bankruptcy?
Asked on Jul 23rd, 2012 on Bankruptcy - New Jersey
More details to this question:
I filed Ch13 in October of 2011, but want to convert to Ch7. Must I use my current law firm for the conversion? Or can I go with a different law firm? Also, if I convert, must I remain paying the Ch13 until the conversion? Or can I cancel and file Ch7 later?
25 ANSWERS
You have to request a conversion. Keep in mind that you may not get it approved.
Answered on Jul 08th, 2013 at 12:48 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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You obtain a conversion from a chapter 13 to a chapter 7 by filing a motion to convert with the bankruptcy court. You can always choose which attorney you want to represent you, but keep in mind that you have already paid your current law firm to do this work, and if you decide to switch, you will have to work out payment arrangements with the new law firm. Some attorneys are also wary of taking over another attorney's work. You can either convert, or you can dismiss your chapter 13 case and file a new chapter 7 later, but you may have less protection from collections efforts if you re-file within six months of dismissing your case. There are many other very important factors to look at in deciding whether to convert or to dismiss and file a new case, and you should make sure to discuss those with a bankruptcy attorney before making a decision.
Answered on Jul 31st, 2012 at 12:05 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Converting from chapter 13 to chapter 7 requires a motion. Although you can choose a new law firm it is usually more economical to use your current firm (they may give you a discounted fee.) Stop making the chapter 13 payment. If you would rather dismiss the case than convert you can do that. However, consult will an attorney as to whether conversion or dismissal is advisable.
Answered on Jul 27th, 2012 at 8:57 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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You have a right of dismissal. To exercise it, you must file the appropriate documents and obtain an order. You can also convert to another chapter. There is no requirement that you use the same counsel.
Answered on Jul 27th, 2012 at 8:32 PM
Daniel James Wilson
You can use another law firm. You can stop making Ch 13 payments, but don't do so until you have an attorney look at it. You don't want your case dismissed for non payment.
Answered on Jul 27th, 2012 at 7:50 PM
The answer to all your questions is yes. You can convert through another firm. Or you can cancel the 13 and file a 7, assuming you are eligible for Chapter 7.
Answered on Jul 27th, 2012 at 5:48 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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To convert a case from Chapter 13 to Chapter 7 a motion must be filed with the bankruptcy court. There is no requirement that you use your present law firm in the Bankruptcy Code or Bankruptcy Rules. It is always a client's choice as to who they to represent them. The conversion date relates back to the original filing of the Chapter 13 so you would probably only have to continue to make your payments in the Chapter 13 case until the Order for the conversion of the case to Chapter 7 is entered. Dismissal of the Chapter 13 case and refilling under Chapter 7 is usually not as good a choice as conversion because of the procedural rules involved in the Dismissal and refilling that would increase the costs and require you to pay a new filing fee.
Answered on Jul 27th, 2012 at 5:44 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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If you otherwise qualify for a Chapter 7, you can convert. You can use any attorney of your choice. In general, your obligation to pay the 13 Trustee ends when the Notice of Conversion is filed. You can dismiss your case and file a 7 later (as long as you qualify), but a conversion would be cheaper, faster, and easier on your credit. Call an attorney to find out if you qualify to convert and what the fees would be to convert your case.
Answered on Jul 27th, 2012 at 5:38 PM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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You can convert your Chapter 13 case at any time to Chapter 7 (just make sure you review this with your attorney). You can use another law firm to convert and you are not required to pay any remaining balances in your Chapter 13.
Answered on Jul 27th, 2012 at 5:31 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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If you are eligible you can file a motion to convert. You do not have to use your current firm but you may choose to. Your current firm is likely to give you a more reasonable price for the conversion over another firm. Cancelling your Chapter 13 and filing a Chapter 7 later is an option but not likely the best option. I recommend seeking an attorney or consulting your attorney about these questions.
Answered on Jul 27th, 2012 at 5:30 PM
If you are eligible for conversion, and it "makes sense" in your situation, then you can convert at anytime and stop making Chapter 13 payments. Whether you choose the same law firm or not is up to you, but generally speaking, it is more often the case more expensive to start with a new law firm or attorney who has to redo some of the work and get up to speed on the case.
Answered on Jul 27th, 2012 at 5:29 PM
Bankruptcy Attorney serving Washington, DC
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Law Offices of Diann C. Moseley
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You need to file a notice of conversion to chapter 7 and pay the court costs of $25.00. You do not need to use your current lawyer. Once you file the notice of conversion, you do not pay any more under the chapter 13. Any money paid after the date of conversion will be returned to you. If you dismiss the chapter 13, as opposed to convert to chapter 7, and then file a chapter 7 later, you will pay the full filing fee which is currently $306.00 plus attorneys fees to file a new case.
Answered on Jul 27th, 2012 at 5:26 PM
Burton J. Green
You are free to use any law firm you want. You can file a motion to voluntarily convert or you can simply stop making your plan payments and the trustee will file a motion to dismiss your chapter 13. Assuming the trustee does not move to dismiss for some type of bad faith on your part, the order dismissing the 13 will usually provide you with the opportunity to convert to 7 or let the case be dismissed.
Answered on Jul 27th, 2012 at 5:24 PM
Meredith P. Ezzell
You should definitely consult with the law firm that filed your Chapter 13 to discuss the specifics of your particular case to determine whether conversion is appropriate and advisable.
Answered on Jul 27th, 2012 at 5:22 PM
By way of filing a notice of conversion or a motion to convert, your choice as to which.
Answered on Jul 27th, 2012 at 5:21 PM
You do not need to use the same law firm. Conversion itself is a super-simple one-page form, but your eligibility to file a chapter 7 must be redetermined as though you were filing for the first time now and a lot of work needs to go into figuring out if this is the best move for you. There will be a filing fee of $25 for the conversion. No, once it is for sure that you are converting, you may stop your payments. However, if you stop your payments and then fiddle faddle around for a while without converting, the trustee will file a motion to dismiss and you may end up behind the 8-ball. Go see an attorney, either the one you have or another one, and make sure conversion will still accomplish for you what you want the bankruptcy to accomplish and that you are actually eligible to convert.
Answered on Jul 27th, 2012 at 5:19 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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These are all excellent questions, but I would need more information to answer some. As to asking about "do you have to use your current law firm to convert" no you do not. The more complicated questions are whether or not you should convert, do you qualify to convert and should you convert or dismiss? Each of these need facts in order to answer. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Jul 27th, 2012 at 5:17 PM
You have an absolute right to convert your case from Chapter 13 to Chapter 7. In the Central Disrict of California notice is all that is required. You do not have the same lawfirm convert the case, but you should hire a lawyer to handle the conversion to determine the effects of conversion and whether you are eligible for Chapter 7 relief.
Answered on Jul 27th, 2012 at 5:17 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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You have the right to fire your current firm and hire a new one. If you don't continue paying your Chapter 13 before you convert, the case may be dismissed before you have a chance to convert. In the alternative, you can dismiss your chapter 13 case and start over with a new bankruptcy case under Chapter 7. There are many considerations as to whether it would be better to convert or dismiss and re-file. You need the advice of an attorney in order to know which way you should go. The attorney will need a complete understanding of the details of your case in order to advise you.
Answered on Jul 27th, 2012 at 5:16 PM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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1) you do not need to sue your current firm. You can get alternate counsel for the conversion. 2) The conversion from Ch 13 to Ch 7 is generally quick, once the notice is filed the conversion order follows within the week usually. So you will probably not continue making payments to the Trustee in the Ch 13.
Answered on Jul 27th, 2012 at 5:13 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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You file a motion to convert. It can be with a different firm. file the converstion then stop the 13 payments. It will take about 2 weeks for the conversion order to be processed by the Court.
Answered on Jul 27th, 2012 at 5:13 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Conversion is simple and fast stick with your lawyer.
Answered on Jul 27th, 2012 at 5:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Stick with your present firm, it will be the least expensive as they know the facts and players. Conversion is NOT automatic and can be denied. It is not just your choice, see your attorney of call for an appointment to explain what is going on.
Answered on Jul 27th, 2012 at 5:10 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You can always change your attorney whether in a chap. 7 or a chap. 13 so therefore you do not have to go with your current law firm. No as soon as you convert the Chapter 13 Trustee must close his case and not accept more payment from you and return any payments on hand that were not disbursed after the entry of the order of dismissal.
Answered on Jul 27th, 2012 at 4:39 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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There is an automatic right to convert from 7 to13 or vice versa one time. You can discharge your firm and a substitution would need to be filed. The conversion from 13 to 7 is very quick so you would not need to keep paying. If you just dismiss, when you refile, a motion to extend the stay would have to be filed as well. Hope this helps.
Answered on Jul 27th, 2012 at 3:10 PM