I have just completed the first year of my 3-year Chapter 13 bankruptcy. I was told by an individual in the legal profession that because of my unique set of debt circumstances that I could petition the court to convert my Chapter 13 to a Chapter 7.
I am working and making my payments via employer payroll deduction and can continue without difficulty. However, if it is possible to get a "fresh start" by transferring to a Chapter 7, I would prefer to do so.
Although my vehicle was named in the bankruptcy, I am still making regular payments on it and my home.
Is it possible under the circumstances I've outlined to petition the court for a Chapter 7 instead of a 13?
2 Comments:
Yes, the Bankruptcy Code does allow a debtor to convert a Chapter 7 bankruptcy to a case under Chapter 13 as long as you are eligible to be a debtor under Chapter 13. However, you cannot convert to chapter 7 if your case was previously filed under chapter 7, because the court does not want you to repeatedly switch between chapters. For more information, contact a bankruptcy attorney.
By Bankruptcy Expert, at 10:52 AM
I have a chapter 13 case that maybe dismissed. I have asked my attorney back in September if I could have my case converted to a chapter 7. He told me to wait until case was dismissed and then do a chapter 7. Is he saying to do that to get more money from me?
By swkizz, at 6:36 PM
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