QUESTION
If you're in a Chapter 7 bankruptcy plan, can you file a Chapter 13 instead?
Asked on Jan 28th, 2013 on Bankruptcy - Texas
12 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes, you can convert your Chapter 7 filing to a Chapter 13, if you are able to make plan payments and you have not previously converted the case from a Chapter 13 to the Chapter 7.
Answered on Jan 31st, 2013 at 1:30 PM
William Rhymer
Generally, yes. However, if it was a Chapter 13 and you changed it to a Chapter7 and now want to change it back to a Chapter 13, it maybe a problem.
Answered on Jan 30th, 2013 at 9:31 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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You can file a motion to convert your case.
Answered on Jan 30th, 2013 at 9:28 PM
Difficult, you must file a Petition to Convert the Chapter 7 to a Chapter 13 and hope it is granted- plus the 7 Trustee can request his costs, etc..
Answered on Jan 30th, 2013 at 8:27 PM
Daniel James Wilson
You can convert a 7 to a 13.
Answered on Jan 30th, 2013 at 7:47 PM
Yes, in most cases you can convert a 7 to a 13 if you can show that you can afford to make a plan payment.
Answered on Jan 29th, 2013 at 8:59 AM
Chapter 7 and Chapter 13 Bankruptcies Attorney serving Dublin, OH
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Granger Law Firm LLC
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If the chapter 7 case has not been closed, you can convert to chapter 13. Discuss with an attorney to find out if that is the best option for you.
Answered on Jan 29th, 2013 at 8:58 AM
If you are in Chapter 7, there is no Plan. A Plan is part of a Chapter 11, a Chapter 12 and a Chapter 13, but not in a Chapter 7. If you file Chapter 7, you may be eligible to convert to a Chapter 13 and propose a Plan. The details of your budget will determine whether or not this is an appropriate choice.
Answered on Jan 29th, 2013 at 8:58 AM
General Practice Attorney serving Belvidere, IL
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Law Offices of Henry Repay
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You may be able to convert the case or follow it with a Chapter 13. You should speak with your current attorney.
Answered on Jan 29th, 2013 at 8:58 AM
Deborah F. Bowinski
Are you asking about converting your chapter 7 case to a chapter 13? Are you asking about completing your chapter 7 case and then filing a chapter 13 afterwards? Your question is not very clear. It may be possible to convert a chapter 7 case to chapter 13 if you are eligible for chapter 13 relief and if you have the ability to make a monthly plan payment. If you have already received your chapter 7 discharge then things are trickier you would have to have the discharge set aside and then convert. If you have already completed a chapter 7 filing and now need a chapter 13 then you can file one, but you are not eligible for another discharge of debt until a number of years pass. You should consult with an experienced bankruptcy attorney to review your options.
Answered on Jan 29th, 2013 at 8:57 AM
Bankruptcy Attorney serving Denver, CO
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Colorado Bankruptcy Law Group, LLC
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You can convert your chapter 7 bankruptcy to a chapter 13 bankruptcy. You should talk with your lawyer about whether doing so is in your best interests.
Answered on Jan 29th, 2013 at 8:56 AM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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You are allowed to change the type of case you have. You would not file a new Chapter 13 case if you're already in an active Chapter 7 case, but you can file the appropriate pleadings to have your existing case "Converted." There are a few criteria, so occasionally the debtor's request for Conversion may draw opposition and perhaps even be blocked or denied. But Converting cases between Chapter 7 and Chapter 13 is something permitted under bankruptcy law.
Answered on Jan 29th, 2013 at 8:55 AM