QUESTION
How do I go about converting chapter 13 to chapter 7?
Asked on Feb 11th, 2013 on Bankruptcy - Arizona
More details to this question:
After 2 and 1/2 years in chapter 13, I had an accident requiring spinal fusion and now have continued problems with my back. Have not had an income since November 2012. Can I do the conversion from chapter 13 to 7 myself? Presently the court wants to do a modification of my chapter 13.
8 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can do it yourself, but if you are represented by counsel the Court may not consider your pro se motion. Best to consult your lawyer. Drafting the actual motion and order is easy. But then you must update your statement and schedules and attend a new meeting of creditors in the Ch. 7. If you don't have a lawyer, it's really a good idea to employ one.
Answered on Feb 12th, 2013 at 2:21 PM
You can convert a chapter 13 to a chapter 7. There is a fee and you will have to prepare the documents in order to convert. Please be aware of timelines. If your chapter 13 is dismissed for non-payment, then you will have to redo a completely new bankruptcy for chapter 7.
Answered on Feb 12th, 2013 at 2:21 PM
Bankruptcy Attorney serving Kalamazoo, MI
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Debt Relief Law Center
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Not a good idea to convert the case to Chapter 7 yourself, better to go through your original Chapter 13 attorney. Or, if the Chapter 13 is dismissed, find out if eligible for a new Chapter 7 later.
Answered on Feb 12th, 2013 at 2:20 PM
You can do it yourself, but be aware of potential consequences. Talk to the trustee. He may consent to ending your 13 early with a discharge. If not, you would need to file a motion to convert.
Answered on Feb 12th, 2013 at 2:19 PM
You technically can convert from Chapter 13 to Chapter 7 without having an attorney represent you but it really wouldn't be a good idea. You have certain rights when you convert and if you fail to properly exercise these rights, it could cost you much much more than paying for legal fees to have this resolved. The fact that the court wants you to modify your Chapter 13 instead of to convert indicates that to date the court does not believe that you are eligible to file Chapter 7 at all. If you did convert and were not eligible for Chapter 7, that could leave you in a real pickle.
Answered on Feb 12th, 2013 at 2:18 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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I don't see why you can't do it yourself. The right to convert from 13 to 7 is absolute. File a statement with your bankruptcy court that says: " (full name(s) as they appear on your petition) move to convert their chapter 13 to a chapter 7". Be sure to include your case number. Be sure to send a copy to your chapter 13 trustee. Do not forget that you have 15 days to add any new debts that were incurred after the date your chapter 13 was filed. The court will issue a new creditor meeting notice with another date for a creditor hearing on your chapter 7 proceeding. If the reason you filed a chapter 13 in the first place was because you could have lost property if you filed a chapter 7, be prepared to lose that property now.
Answered on Feb 12th, 2013 at 2:17 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You need to file the necessary paperwork and show you are eligible for a Chapter 7.
Answered on Feb 12th, 2013 at 2:17 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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If you are represented by an attorney - talk to them. Depending on what you did in your chapter 13 there are serious issues involved in converting your case: vehicles, house, taxes, child support, etc.. If you are not represented see my warning above. As far as how to convert - in Arizona you file a notice with the court. I don't know where you live so cannot predict the procedure you need to take. See if there is a self-help center at your Bankruptcy Court. If not, perhaps a volunteer lawyer group.
Answered on Feb 12th, 2013 at 2:17 PM