Can I convert my Chapter 13 bankruptcy to a Chapter 7? How? 14 Answers as of June 16, 2015

I cannot pay my Chapter 13 payments. This is because I was laid off recently and cannot find any work anywhere. I was told that my best option would probably be to convert my Chapter 13 into a Chapter 7 bankruptcy. Is this my best option at this point?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Most likely it is but I do not know enough about your case or your assets to answer this for you. You may find a lawyer at nacba.org - converting requires a motion and is usually not difficult but you should seek the advice of counsel first.
Answer Applies to: California
Replied: 6/16/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
An experienced BK lawyer would have to look at your current CH13 filing to answer those questions. Not sure what caused you to file CH13 to begin with. Also, without looking at the CH13 file, I can't tell you if its better to let this case get dismissed, and file a new CH7, or convert this case to a CH7. Answering legal questions without sufficient information is dangerous, at best.
Answer Applies to: Colorado
Replied: 6/15/2015
Ronald K. Nims LLC | Ronald K. Nims
To convert you file a motion to convert with the bankruptcy court. ?If the reason you filed a Chapter 13 instead of a Chapter 7 in the first place was that your income was too high, then it'll probably work out OK. ?If the reason was that you're trying to protect your house from foreclosure, then you better start looking for a cheap rental.?
Answer Applies to: Ohio
Replied: 6/15/2015
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
You might be able to convert your case to Chapter 7. However, if you were not eligible to file a Chapter 7 when you filed the Chapter 13, you cannot later convert the case to Chapter 7. When you convert your case to Chapter 7, the Chaper 7 Trustee will be looking at the assets you possess at the time of conversion. So, you will need to look at the values of your assets carefully before you choose to convert your case. And, there are some debts that will be discharged in Chapter 13 and not in Chapter 7, so you need to understand whether you have any of those types of debts. And experienced bankruptcy attorney can help you make the right decision.
Answer Applies to: Oregon
Replied: 6/15/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Under these circumstances, and if you have reviewed your options with your lawyer (and you need one), including seeking to modify the Chapter 13 Plan, and/or reducing your personal expenses, and no alternative can work, then converting to a Ch. 7 is definitely worth considering.
Answer Applies to: Wisconsin
Replied: 6/12/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If you are currently in a chapter 13 then hopefully you have a bankruptcy lawyer. Your lawyer is the one you should be addressing all your questions to.
    Answer Applies to: Colorado
    Replied: 6/12/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you would file a motion to convert and then be given a new creditor meeting date to sit with another trustee.
    Answer Applies to: New York
    Replied: 6/12/2015
    Stephens Gourley & Bywater | David A. Stephens
    Assuming it has not been converted before you simply file a request to convert to chapter 7.
    Answer Applies to: Nevada
    Replied: 6/12/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Conversion is easy to do, just by filing notice with the court and payment of a $25 fee, but whether it is a good idea depends on whether you will lose any assets in the process. You need to make sure that you have exemptions for all your remaining assets. Once you convert to chapter 7, you cannot voluntarily dismiss it if you discover you could lose some assets. If your assets exceed the exemptions, you may be better off to dismiss your chapter 13 now while you still can.
    Answer Applies to: Oregon
    Replied: 6/12/2015
    The Troglin Firm | William M. Troglin
    If you cannot find work and cannot make the Chapter 13 payments, then converting the case to a Chapter 7 is usually your only remedy. If you let the Chapter 13 be dismissed then you have no protection from the Court and the creditors will simply start collection all over again.
    Answer Applies to: Georgia
    Replied: 6/12/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The decision to convert from Chapter 13 to Chapter 7 is not as simple as you might think. You need to consider whether or not you are eligible for a Chapter 7 discharge, whether you are willing to give up your Chapter 13 goals, and what the likelihood is that you will be able to find some other work. Assuming you are eligible and willing to give up the goals, converting may be a better option than letting your Chapter 13 die.
    Answer Applies to: Nevada
    Replied: 6/12/2015
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