Can I switch my bankruptcy to a chapter 7?

I filed for Chapter 13 in 2013 and I have been struggling to make payments and it’s not really working for me. Can I switch and now and file for chapter 7 bankruptcy ? My credit score is already destroyed so I’m not really worried about that.

One Comment

  1. Really depends on why you filed chapter 13? Was it to pay mortgage or property tax arrears, car arrears or taxes? If you converted your case to a chapter 7 then those items are not dischargeable (assuming haven’t been paid in full) and you will be responsible for them. If your situation has changed since your chapter 13 plan was confirmed, you may be able to “modify” your plan to make it more feasible. It is economically wiser to convert your plan to chapter 7 from a 13 then to dismiss your plan and then file a chapter 7 because you will have to pay $335 filing fee. That is assuming that you have not filed a chapter 7 case previously within the last 8 years. Your attorney will charge you in either situation, but usually less to convert then to re-file. Best to talk to your bankruptcy attorney or another attorney about your options. You don’t have to consult with your original attorney if you do not wish too. You can contact any attorney that practices in bankruptcy proceedings.

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