QUESTION
HOW CAN MY CHAPTER 13 BE CONVERTED TO A CHAPTER 7?
Asked on Mar 15th, 2018 on Bankruptcy - California
More details to this question:
I AM IN CHAPTER 13 BANKRUPTCY SINCE APRIL, 2017. I AM HAVING A HARD TIME MAKING MY PLAN PAYMENT, I HAVE A COMMISSION BASED JOB AND HAVE SOME FAMILY HEALTH ISSUES WHICH REQUIRE ME TO BE A CARE GIVER 75% OF MY TIME. I FILED CHAPTER 7 IN 2010 OR 2011. THE FAMILY BUSINESS EXPERIENCED A FINANCIAL BLOW IN 2016 WHICH REQUIRED ME TO FILE BANKRUPTCY.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
You can convert your case to Chapter 7 at any time assuming it wasn't previously converted. However, it may not be in your best interest to do so if you have non-exempt assets or other transfer issues which a Ch. 7 Trustee might be interested in.
But you may be able to modify (i.e. lower) your plan payment based on new circumstances, or even seek a "hardship discharge" in Ch. 13, but those depend on a lot of different factors.
If you are not presently represented by an attorney, you have almost no chance of succeeding in a Ch. 13 case anyway. You need to hire an experienced bankruptcy to review your case and advise you on your best options.
Answered on Mar 16th, 2018 at 5:08 PM