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Can I convert from a chapter 13 to a chapter 7 after the mortgage and automobile have been paid?
Anonymous2 views4 answers
I filed a chapter 13 in July 2010 which includes; 2 months mortgage arrearage, an automobile, and state/federal taxes along with other creditors. Can I convert from a chapter 13 to a chapter 7 after completely paying all attorney fees, mortgage arrearage, the automobile, and all state and federal taxes? At what point will I be able to convert to a chapter 7?
I assume that you were in a Chapter 13 largely in part to pay off the listed secured creditors. Whether your able to convert at this time will have to be determined in the same manner as any other case. Namely, do you have the finacial abilty to pay back your creditors. So if you have add changes to your income or expenses since the filling of your bk then those will be taken into account.
Legal Information is Not Legal Advice
My answer provides information about the law based on the limited information provided in the questions asked and is not intended to be legal advice. The law differs in each jurisdiction and may be interpreted or applied differently depending on the location or situation. I highly recommend that you consult with an attorney to discuss the specific details of your situation so you can get legal advice tailored to your specific circumstances. The information in my answer is for educational and information purposes only, and is not legal advice or legal opinions. The answer provided to the question asked does not constitute a lawyer-client relationship.
You are eligible to convert your case to one under Chapter 7 at any time, provided you did not receive a Chapter 7 Discharge within the 8 years before the Chapter 13 case was filed. It sounds like you have an attorney because you referenced attorney fees. It is in your best interest to direct your question to your attorney because he or she knows more about your case and the ramifications of converting.
As a side note, in Atlanta most attorneys will charge you an additional fee if you convert your case to another Chapter. You should carefully review your Fee Agreement.
Good luck.
Angel M. Van Wieren
Only your lawyer can answer for sure. Whether a case can be converted depends in part on whether you otherwise qualify for a chapter 7, and your existing attorney is the one who is best equipped to answer.
Your financial ability to pay, the unprotected assets when you filed, and a host of other issues have to be addressed before you can convert. You also have to look at the costs of converting. Talk to your attorney when you get to that point.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]