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How can an inmate convert a Chapter 13 bankruptcy to a Chapter 7, which was filed a year prior to sentence, and payments made?
Anonymous7 views4 answers
A relative filed a Chap. 13 bankruptcy in Georgia, Nov 2012, and took the required creditor course. A year later she was sentenced to fed. prison. She has been paying according to the Plan from Nov 2012 to May 2014, but it is impossible for her or anyone else to continue paying.
Since she has completed the initial requirements under Chap 13, is it possible to convert to a Chap 7 without starting over? She paid substantially on the Chap 13 case which constituted attorney fees primarily. I believe is was a 5-yr plan.
If possible, please let me know if a conversion is possible and how to proceed. If not, what will be her consequences once released?
Thank you.
Anyone can convert from a Chap 13 to a 7 but she may not be able to attend the required 341 hearing. I have heard of them being done by mail but have never seen one. There are lots of things your relative should be informed about and I would just be presuming to start listing them. Please have her contact a bankruptcy attorney for information. In fact her present bankruptcy attorney should make this easy since he or she has been paid a sum much greater than a Chapter 7 fee.
If she paid attorney fees, she has an attorney who knows all about her case and that is who she should ask. The answer of what she can do., and what she should do, requires many more facts no one here has.
andra A Kuhn Esq.Chapter 7 Bankruptcy AttorneyConcord, NH ·
She should communicate with her bankruptcy lawyer. There may be a good reason why she was in a Chapter 13. The situation needs to be looked at in great detail to see if there is any harm in converting to a 7 and what consequences there would be to her for the same.
Her attorneys fees paid a lawyer to advise her for five years. She needs to ask that lawyer. No one else knows the numbers to know if she can or should convert, and if she can that lawyer can easily do it. She needs to call or write him. His representation has several more years to go.
