Can a chapter 13 bankbe converted to a chapter 7 bankuptcy? 25 Answers as of June 15, 2011

We are about 1.5 years into a 3 year repayment plan and would like to know if a chapter 13 can be converted to a chapter 7. We would reaffirm on the car loan also if that is possible.

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Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
Yes, depending on your current income circumstances.
Answer Applies to: Oregon
Replied: 6/15/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A chapter 13 can be converted to a chapter 7. If there is a car loan it can be reaffirmed in chapter 7.
Answer Applies to: California
Replied: 6/14/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
If you so qualify, it is possible to convert a chapter 13 to a chapter 7.
Answer Applies to: Arizona
Replied: 6/14/2011
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Yes. Talk to your lawyer about why you want to and if you can and what property would be at risk for liquidation.
Answer Applies to: Missouri
Replied: 6/14/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, it is possible and you can keep the car by reaffirming it. You need to make sure you are eligible for Chapter 7 before you convert. Is your income below the median for your state? Do you have assets that exceed the amount you are allowed to exempt?
Answer Applies to: California
Replied: 6/13/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    It depends on your unique situation, but in most cases, a Chapter 13 can be converted to a Chapter 7 so long as you were not barred from filing a Chapter 7 by way of a previous Chapter 7 filing at the time your Chapter 13 was filed. There are many other things to consider as well, such as equity that has developed, current income and expenses, etc.
    Answer Applies to: Indiana
    Replied: 6/13/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    A Chapter 13 bankruptcy can be usually be converted into a Chapter 7 Bankruptcy provided that the debtor meets the current income and property guidelines for a Chapter 7 and was not barred from filing Chapter 7 at the time of the original Chapter 13 filing by a previous Chapter 7 filing.
    Answer Applies to: Oregon
    Replied: 6/13/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    A chapter 13 debtor can always convert to a 7. But chapter 7 qualification rules still apply in determining if you are qualified for a discharge.
    Answer Applies to: California
    Replied: 6/13/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes, you can if at the time you filed Chapter 13 bankruptcy you qualified for a Chapter 7 bankruptcy. You can have your Chapter 13 case dismissed and then file a Chapter 7 if you qualify presently for a Chapter 7 but did not when you filed your Chapter 13 bankruptcy.
    Answer Applies to: Florida
    Replied: 6/13/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    A Chapter 13 can be converted to a Chapter 7, but you need to consult with a local bankruptcy attorney to see if you qualify for the conversion.
    Answer Applies to: Wisconsin
    Replied: 6/13/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Legally it can be. Are you eligible for Chapter 7 now? Why did you go into Chapter 13 in the first place?
    Answer Applies to: Virginia
    Replied: 6/13/2011
    Law Office of Raymond J. Dague, PLLC
    Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
    It is not uncommon for someone in a chapter 13 bankruptcy (where you pay back a percentage of the debt over time) to convert to a chapter 7 bankruptcy (where you pay nothing). Oftentimes a debtor begins a chapter 13 using their employment income to make the plan payments, and then they loose their job, and cannot follow through with the payments. In these situations, we often convert the chapter 13 to a chapter 7.
    Answer Applies to: New York
    Replied: 6/13/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, any case can be converted to Chapter 7 at any time, assuming you are eligible for Chapter 7 (which requires a detailed analysis of income and expenses and other factors).
    Answer Applies to: California
    Replied: 6/13/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    In the words of our president: yes you can! A motion to convert is necessary.
    Answer Applies to: Connecticut
    Replied: 6/13/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Yes a chapter 13 bankruptcy may be converted into a chapter 7 bankruptcy if you would otherwise qualify for a chapter 7. You may keep your car as long as you are not over the exemption limits for your state.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office of Chirnese L. Liverpool
    Law Office of Chirnese L. Liverpool | Chirnese Liverpool
    Yes, in California you can convert a chapter 13 bankruptcy into a chapter 7 bankruptcy. A Los Angeles bankruptcy lawyer notes that there are certain circumstances when it may make sense for those who are in Chapter 13 bankruptcy to convert to Chapter 7 bankruptcy. California bankruptcy law allows debtors to convert from Chapter 13 bankruptcy to Chapter 7 bankruptcy at any time during the repayment period. Generally, a motion is filed by the debtor requesting that their chapter 13 bankruptcy.
    Answer Applies to: California
    Replied: 6/13/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes you can convert to Ch 7 if you qualify and can reaffirm car.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Assuming you qualify for the Chapter 7, i.e., you no longer have surplus income, you are OK on the Means Test, etc., then you may absolutely convert.
    Answer Applies to: California
    Replied: 6/13/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The fact that you are asking this here tells me that you already made on huge mistake and filed a Chapter 13 pro se. Whether you can convert (or should) and what will happen are complex, and a misstep could cost you your car and cause you to waste money. See a lawyer to evaluate options and get it right.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes, a Chapter 13 can be converted to a Chapter 7 if you qualify for a Chapter 7. To see if you qualify, you should consult with a Certified Specialist in Bankruptcy Law. For a free consultation, call me.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    It can be. Depends on the circumstances and you need to discuss the details with a lawyer to determine your specific qualifications and timing for doing it.
    Answer Applies to: Virginia
    Replied: 6/13/2011
    Law Offices of Virginia E. Fortunato
    Law Offices of Virginia E. Fortunato | Virginia E. Fortunato
    There are many situations where Chapter 13 debtors convert to a Chapter 7 during the life of the Chapter 13 case. If you were eligible for the Chapter 7 initially and for example, chose to file a Chapter 13 to save your home but have since changed your mind, that would be a good reason to convert. You really need to speak to your attorney regarding your individual situation.
    Answer Applies to: New Jersey
    Replied: 6/13/2011
    Ellahie & Farooqui LLP
    Ellahie & Farooqui LLP | Javed Ellahie
    Yes - You have a right to do, but you do need to make sure that you meet the requirements of the Means Test i.e your disposable income allows you to be in a 7.
    Answer Applies to: California
    Replied: 6/13/2011
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