If you're in a Chapter 13 bankruptcy plan, can you file a Chapter 7 instead?

Question

My Husband Filed Chapter 13 in November of 2011 and we have been struggling to make the payments. 

I have made it impossible to make the payments because i have a disease. 

I have now racked up more bills than we can pay plus the bankruptcy payment. We don't even have money for food. 

Can his attorney go back and file a chapter 7? We are in some real bad way.

William Rubendall · Answer

You can convert your case to chapter 7.  You might have to pay more attorney  fees, however.

Austin Hirschhorn · Answer

A chapter 13 case can be converted to a chapter 7 case.  This is a question that you should have asked the attorney who is representing you.  The procedure is spelled out in the Bankruptcy Code and Bankruptcy Rules.

Craig Dahlquist · Answer

Yes, but you wouldn't be filing a new case.  What you would be doing is  a conversion from a 13 to a 7.  

The conversion would also bring into the  bankruptcy any debts that were incurred after filing, something much  more difficult to do while maintaining the 13.  

This, though, doesn't answer the question of why you filed a 13 instead  of a 7 in the first place.  

Limitations of a Chapter 7 on secured debts,  worries about exceptions, or means test qualifications of a Chapter 7 would all need to be considered.

Willie Stephen Graves · Answer

If you're eligible for Chapter 7 you can convert from Chapter 13 to Chapter 11.

Roger Bus · Answer

Yes, unless you filed a Chapter 7 in the previous 8 years, you can ask your   attorney to convert your 13 to a Chapter 7 or dismiss out the Chapter 13  and  file a new Chapter 7 (assuming you are eligible for Chapter 7 relief).

Todd Whiteley · Answer

Don't dismiss your case to file again.  As a chapter 13 debtor, you have an absolute right to VOLUNTARILY convert your current chapter 13 case to a chapter 7 bankruptcy case provided you meet the income and expense requirements of the means test.  If you are not able to meet the Means Test eligibility requirements, then your attorney should file a modified plan on your behalf to reflect your changed income or other special circumstances.

Eric Lewis · Answer

It is possible depending on the unique circumstances of your case.

Nancy Harkess · Answer

Yes, you can voluntarily dismiss your Chapter 13 bankruptcy and file for Chapter 7.  If you had filed for Chapter 13 bankruptcy and the bankruptcy had been discharged, you would have to wait 6 years before filing again. 

If you had filed for Chapter 7 bankruptcy and the bankruptcy was discharged, you would have to wait 8 years.  However, if your Chapter 13 bankruptcy is dismissed, depending on the reason for the dismissal, you can file Chapter 7. 

For instance, if the Court dismissed the Chapter 13 bankruptcy because it was determined that you had committed fraud or you had asked for the dismissal in bad faith, there could be a Court Order prohibiting you from going forward with a Chapter 7 bankruptcy.  

In this case, there should be no problem with dismissing the Chapter 13 and then filing a Chapter 7 bankruptcy.

Scott Needleman · Answer

You really need to contact your current bankruptcy attorney to get your questions answered.   In general, Chapter 13 can be converted to a Chapter 7 if the income and expenditures allow it.  It is just a possible choice, conversion or dismissal, or stay in the plan.

Meredith P. Ezzell · Answer

You can convert your case from a Chapter 13 to a Chapter 7.  You should consult with the attorney that represents you in the Chapter 13.

Eric Maskell · Answer

The attorney can convert the case to one under a Chapter 7.

David Benson · Answer

Yes, you may be able to qualify either for a new Chapter 7 or a conversion of your current Chapter 13 if you now pass means test.

Diann Moseley · Answer

Yes, if you otherwise qualify for a chapter 7, you can convert your case to a chapter 7.

Jeffrey Solomon · Answer

You do have a right to convert your case to chapter 7.  You should consult your attorney to determine if advisable.

Deborah Stencel · Answer

If you qualify, you can change your 13 to a Chapter 7, by filing a "conversion."  Call your attorney, make an appointment, and bring in evidence of new income and medical expenses.  It may cost you some more money in attorney fees but if you qualify to convert, it will be worth it.

Harry Roth · Answer

Yes, your husband can switch to chapter 7 from a chapter 13 any time prior to receiving a discharge. However, there are implications, you can also modify your chapter 13 plan under certain circumstances, which may be a better alternative. Check with your bankruptcy attorney for an analysis. Also, he must qualify for a chapter 7 based on his current circumstances, that is, he must qualify as though he were filing a new chapter 7 petition today. As a last, worst alternative, if payments are stopped, then the chapter 13 will be dismissed and you can begin again with either a new chapter 13 with a different payment plan or a chapter 7 if that appears to be in your interest.

Charles Schneider · Answer

Yes if you are qualified.

Kevin Bruning · Answer

When you're in a chapter 13 and cannot make payments, you have a few different options. One of those options includes converting your case into a chapter 7. Your attorney will need to look over your specific circumstances to see if a chapter 7 bankruptcy is appropriate for you, and if all of your assets can be protected or if you will have to liquidate some things in order to pay off some of your creditors. Another option you can ask your attorney about is modification of your chapter 13 plan. Some districts allow you to defer payments for a few months when unforeseen circumstances arise; this may be an option if your current plan is set to be paid off in less than 60 months. If it is already at 60 months, that may not be available. You can also see if you can make the payments smaller if you have new necessary expenses due to ongoing medical issues. Discuss these options with your attorney.

Stuart Nachbar · Answer

It is possible to convert from a 13 to 7.    Check w/ your bankruptcy   counsel as some trustee's even allow some post petition debt to be included.    Only caveat, is that you said husband filed, you did not state joint   filing, so your debt may still remain.

John Brennan · Answer

Go back to you bankruptcy attorney, explain what has happened since the 13.

John Schleiffarth · Answer

If you qualify to file a Chapter 7 bankruptcy but you are currently in a Chapter 13 bankruptcy, you have the right to convert to a 7. Is uggest consulting with a qualified local bankruptcy attorney regarding whether you can convert your 13 to a 7 base on your particular circumstances.

Shilo Naomi Borja · Answer

Yes, you can convert your case to Chapter 7 from a Chapter 13 if you so chose. You should consult your attorney to ensure that this is the best option for you.

Bernal Ojeda · Answer

Yes there is a motion to covert and you have a right to convert.

Daniel James Wilson · Answer

Depending on why you filed a 13 instead of a 7 in the first place you can convert the 13 to a 7.  Talk to your attorney.

Phong Thanh Tran · Answer

Yes.  You can submit a request to the court to convert the chap 13 to a chap 7.

Diane Drain · Answer

You should be able to convert.  It is important that your attorney review all the reasons that you are in chapter 13 and the consequences of conversion.  My best to you.

Michael Jay Berger · Answer

If you are in a Chapter 13, you can file a motion to convert your case to a Chapter 7.  This will work so long as you qualify for a Chapter 7.

Ellen Brown · Answer

That is possible depending on the were the income is at and the reasons for filing ch 13 and not ch 7 to begin with. You need to contact your attorney and make an appointment with them.

Steven Alpers · Answer

It depends on your income.  You would have to talk to your lawyer and have to redo the income statement and request to amend.

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If you're in a Chapter 13 bankruptcy plan, can you file a Chapter 7 instead?

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