QUESTION

How do I convert Chapter 13 to chapter 7?

Asked on May 31st, 2013 on Bankruptcy - New York
More details to this question:
I filed a Chapter 13 as ProSe on 2/14/13 with only my BIG debt, not knowing I was to include ALL my debt. Now that I have sat down with ALL my credit reports, I have more debt than I can afford. I want to convert to a Chapter 7 but I am clueless to what forms I need to include to file the Chapter 7. I have the schedule I and J and the Statement of monthly income but don't know what to do. I have 30 day to send in my recommendations to my trustee and I am still paying on my Chapter 13. I'm so confused and I'm going crazy and I can't afford an attorney. Please help.
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9 ANSWERS

Yes.
Answered on Jun 09th, 2013 at 10:08 PM

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Everyone can afford an attorney. You need to save money to get this done right, or its going to cost you a lot of money by messing it up.
Answered on Jun 05th, 2013 at 7:14 PM

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Personal Bankruptcy Attorney serving Portland, OR
2 Awards
If you want to convert from Chapter 13 to Chapter 7 I strongly suggest you consult an experienced attorney. There is not a court form for the motion to convert to Chapter 7, you have to create one of your own. You file the motion and pay the conversion fee of $25. After the motion is granted by the court, then you have 15 days to file a whole new set of schedules and a few other documents. And, if you want to include all of those creditors you did not include in the Chapter 13, you have to file amended creditor schedules and the Court charges a $30 filing fee to add creditors. If you don't follow all of the rules and file the appropriate documents, your case will be dismissed and you will have to start over from the beginning. So, I strongly suggest you find an attorney who can help you with this.
Answered on Jun 04th, 2013 at 2:25 AM

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Insurance Attorney serving Redlands, CA at Orrock, Popka, Tucker & Dolen
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The best method is to amend ALL your schedules, statement of financial affairs, creditor matrix, statement of intent, and means test. ?The easy part is converting. There is a form for that also. Sometimes it is more expensive to be your own attorney.
Answered on Jun 04th, 2013 at 2:25 AM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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If you are in Arizona you can use the Arizona Bankruptcy Court's Self-Help Center.
Answered on Jun 04th, 2013 at 2:24 AM

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You are asking for years of bankruptcy experience with few details and even less in knowing why you filed chapter 13 in the beginning. Visit with an attorney. An attorney is paid part of your 13 payments.
Answered on Jun 04th, 2013 at 2:23 AM

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Bankruptcy Attorney serving Beverly Hills, CA
2 Awards
To convert from Chapter 7 to Chapter 13, you need to prepare and file a Motion to Convert. There is a form for this available for free on the Court's website. You would benefit from having an experienced bankruptcy attorney review the facts of your case to see what is best for you. I offer free bankruptcy consultations to everyone. Most people that meet with me for a free consultation end up hiring me because they understand the importance of having their work done right.
Answered on Jun 04th, 2013 at 2:23 AM

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Deborah F. Bowinski
I understand your dilemma but you really can't afford not to have a lawyer. From your post, you already seem to have numerous and significant misunderstandings about bankruptcy laws, firms, procedures, etc. as well as a poor understanding as to the differences between chapter 7 and chapter 13. Do yourself the favor of retaining an attorney to guide you.
Answered on Jun 04th, 2013 at 2:23 AM

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Antoinette M. Wooten
There are some issues that you need to consider before you convert to a chapter 7. For one thing you need to think about whether you want to and can afford to keep any real property you own. For another, you may want to consider consulting with an attorney. Have you been paying your monthly chapter thirteen fees to the trustee?
Answered on Jun 04th, 2013 at 2:22 AM

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