After changing from chapter 13 to 7, can I go back to 13? 13 Answers as of October 16, 2014

I now realize that I do not want to lose my home. Is it possible to go back to chapter 13?

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EDWARD P RUSSELL | EDWARD P RUSSELL
You will have to make a motion to the court requesting that you convert back to a Chapter 13.
Answer Applies to: Minnesota
Replied: 10/16/2014
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
No. But you could dismiss & file another chapter 13.
Answer Applies to: Texas
Replied: 10/15/2014
Law Office of Melissa Botting | Melissa Botting
In Texas, yes.
Answer Applies to: Texas
Replied: 10/15/2014
Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
Yes, you can file a motion to convert from chapter 7 to 13. However, you will need to prove that the creditors will not be harmed by the conversion. If your creditors would receive more distribution under a chapter 7 than they'll get under a chapter 13 payment plan, you will not be allowed to convert. You said you will lose your home in a chapter 7, which tells me that you have a lot of equity in it. The amount that you own in non-exempt equity must be paid to your creditors in a chapter 13. You need a lawyer, if you don't have one already.
Answer Applies to: Colorado
Replied: 10/14/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, you will need a motion, probably with a hearing. Better act ASAP as delay will prejudice your chances of success. And... You will have to pay some chapter 7 trustee fees.
Answer Applies to: California
Replied: 10/13/2014
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    First - I would suggest speaking with your Bankruptcy attorney, but why do you think you would lose your home? Second - Chapter 7 doesn't mean you automatically lose your assets. A large part of the analysis is to determine how much equity you may have in the home. If you have no equity, you can reaffirm the debt and continue to pay the mortgage. If you have equity, then determine how much equity and if that amount is exempt under the statutes. You should sit down with your bankruptcy counsel and analyze your mortgage situation.
    Answer Applies to: Kentucky
    Replied: 10/13/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You have to file a motion and the judge has to approve, it can be done, but it has to be approved.
    Answer Applies to: New York
    Replied: 10/13/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    You will need to speak with the attorney who converted your case originally. Re-conversion is typically not allowed.
    Answer Applies to: California
    Replied: 10/13/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Anything is possible, but the numbers will do the talking. Can you afford a Chapter 13? Are there other solutions that might let you keep your house even in a Chapter 7? This kind of question will require a complete & time consuming assessment of the unique facts of your case. Not likely to be answered in a free consultation with a bankruptcy attorney.
    Answer Applies to: Nevada
    Replied: 10/13/2014
    Scott Goldstein | Scott Goldstein
    You will have to file a motion to convert, which can only be granted for good cause. You appear to have burned the one free conversion.
    Answer Applies to: New Jersey
    Replied: 10/13/2014
    Ronald K. Nims LLC | Ronald K. Nims
    If you have not received a discharge, you can switch.
    Answer Applies to: Ohio
    Replied: 10/13/2014
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