QUESTION
How long must one wait to convert to a chapter 7 to 13 if chapter 7 has been filed before?
Asked on Sep 25th, 2013 on Bankruptcy - Colorado
8 ANSWERS
You cannot convert to Chapter 7 if at the time of filing the Chapter 13 you had previously filed a chapter 7 within eight years.
Answered on Sep 27th, 2013 at 9:23 PM
Debt Settlement Attorney serving San Diego, CA
at
Law Offices of Kathryn Tokarska
Update Your Profile
Unfortunately this question doesn't make a lot of sense.
Answered on Sep 27th, 2013 at 4:06 AM
William Rhymer
The filing dates of the two Chapter 7 must be over 8 years apart. You cannot convert a Chapter 13 to a Chapter 7 if the filing dates of the first Chapter 7 and the filing date of the Chapter 13 are not over 8 years apart.
Answered on Sep 26th, 2013 at 9:42 PM
Personal Injury Attorney serving Glendale, CA
at
JT Legal Group
Update Your Profile
If the 7 is in progress, you can convert right away. If it's already done then to do a chapter 20, you can start any time, to do a full 13 instead, you have to wait 4 years. Ask your attorney because this can get complicated.
Answered on Sep 26th, 2013 at 12:03 PM
Maybe it is the lack of punctuation, but this queston makes no sense. What is the asker trying to do - convert to a Chapter 7 or convert to a Chapter 13?
Answered on Sep 26th, 2013 at 11:59 AM
Commercial Bankruptcy Attorney serving Davie, FL
at
Law Office of Jeffrey Solomon
Update Your Profile
If you are currently in a pending chapter 7, you can convert to chapter 13 with court approval. A motion needs to be filed with the court to obtain the necessary court order. Depending on your reasons for converting, this order might be routinely granted, but the chapter 7 trustee or a creditor does have a right to object to the conversion.
Answered on Sep 26th, 2013 at 10:10 AM
Your question is somewhat unclear. If you are asking how long you need to wait to convert to a Chapter 7 from an existing Chapter 13 after you have a previous Chapter 7 discharge, the answer is eight years from the filing date of the previous Chapter 7 to the filing date of the current Chapter 13. Note that it is filing dates that control. If you filed your current Chapter 13 less than eight years after you filed your previous Chapter 7, you will need to dismiss and file a new Chapter 7 to be able to receive a discharge. Take care.
Answered on Sep 26th, 2013 at 10:09 AM
Deborah F. Bowinski
You cannot convert to a chapter 7 unless you would have been eligible for chapter 7 relief when the chapter 13 case was filed. You could probably dismiss the hater 13 voluntarily and file a new chapter 7 case once eight years have passed since the filing date of your prior chapter 7. Whether that makes sense or not is a different question.
Answered on Sep 26th, 2013 at 9:43 AM