QUESTION

If I file Chapter 13 this month, when can I convert to Chapter 7?

Asked on Nov 10th, 2012 on Bankruptcy - Arizona
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8 ANSWERS

Bankruptcy Law Business Attorney serving Asheville, NC
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You can convert anytime.
Answered on Jun 18th, 2013 at 12:30 AM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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Since a chapter 13 debtor has an absolute right to convert to a chapter 7, theoretically one could convert to a chapter 13 within seconds after filing the 13.
Answered on Nov 12th, 2012 at 11:45 PM

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Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
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Your question strikes me as odd. There must be some reason why you are filing a 13 now but wish to convert to 7 later. Without that information all I can say is that a 13 filer can convert to a Chapter 7 if he or she has a change in circumstances after filing that means s/he becomes eligible for a Chapter 7 later (or was eligible all along but no longer needs the 13 to save a home from foreclosure). There are a number of factors that help us decide whether to file a 7 or a 13: your goals, prior cases, income, prior actions, and equity in property.
Answered on Nov 12th, 2012 at 11:45 PM

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William H. Von Willer
If you are eligible to file a Chapter 7, then there probably is no reason why you could not convert, however, why would you file a 13 if you plan on converting?
Answered on Nov 12th, 2012 at 12:56 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You can convert the same day, but why are you bothering to file Chapter 13 at all? I am sure you have a reason, but the reason will control when you can convert.
Answered on Nov 12th, 2012 at 12:56 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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In New Jersey, you can convert as of right one time at any time provided that you qualify.
Answered on Nov 12th, 2012 at 12:55 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Who says you can convert? You need to consult with an attorney, there is no time set for when you are able to convert, and it would have to be premised on a reduction in income after filing the 13.
Answered on Nov 12th, 2012 at 12:55 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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I am confused by why you would want to start with one case and immediately convert to another. 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. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.
Answered on Nov 12th, 2012 at 12:53 PM

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