QUESTION
Is it easier to go chapter 7 once you are in a 13 and is the qualifying the same in conversion?
Asked on Sep 10th, 2013 on Bankruptcy - New Jersey
8 ANSWERS
I don't think it matters whether you start with a Chapter 13 or not. I have other reasons for using this strategy, but making the process easier isn't one of them. Of course you have to qualify to file a Chapter 7 in order to convert to a Chapter 7.
Answered on Sep 11th, 2013 at 1:40 PM
If, when you filed Chapter 13, you did not qualify under the Means Test to file Chapter 7, you cannot convert your case later to a Chapter 7. If you want to be in Chapter 7, you will need to voluntarily dismiss your Chapter 13 and then have an experienced attorney do the Means Test analysis for you to determine whether you qualify for a Chapter 7 at that time.
Answered on Sep 11th, 2013 at 12:45 PM
Personal Injury Attorney serving Glendale, CA
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It's not any easier, it's just a waste of money.
Answered on Sep 11th, 2013 at 12:14 PM
2 Awards
In order to qualify for a conversion from 13 to 7 you must show changed circumstances in that your income has dropped or expenses have increased. You do not need to show a change under the means test.
Answered on Sep 11th, 2013 at 12:11 PM
Broadly speaking, most courts are going to apply the same standard on a conversion as they would if you filed a 7 in the first place. But, there are exceptions and certain ways to handle a conversion that can support eligibility, while other ways will hurt eligibility. You need to discuss this in detail with your attorney.
Answered on Sep 11th, 2013 at 11:38 AM
Deborah F. Bowinski
This is a question that is quite specific to your facts and circumstances. Contact your attorney to review your options.
Answered on Sep 11th, 2013 at 11:35 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You still have to meet the median income requirement.
Answered on Sep 11th, 2013 at 10:46 AM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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The qualifying is the same, whether one started in a 13 and wants to switch to a 7 or starts initially with a 7. 2. I suppose it can be considered "easier" in the sense that if you already did the work to fill out the chapter 13 papers then you have finished what is generally the most difficult part of the process and you usually do not have to go thru that process again to finish the case as a 7.
Answered on Sep 11th, 2013 at 10:45 AM