Can I convert my chapter 13 to a chapter 7 if enough time has passed? 20 Answers as of August 09, 2011

In 2007 I filed ch 13, now I need to file again, so I filed ch 13 again, because not enough time as passed for a ch 7. Can I convert my ch 13 into a ch 7, when enough time as passed?

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The Northwest Debt Relief Law Firm
The Northwest Debt Relief Law Firm | Thomas A McAvity
You will need to actually dismiss your case and file a Chapter 7 once the timeline has passed. Conversion is not available if your present Chapter 13 was not filed over eight years after the filing of your last Chapter 7.
Answer Applies to: Oregon
Replied: 8/9/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
After 8 years have passed you can have another chapter 7 discharge.
Answer Applies to: California
Replied: 8/5/2011
The Law Office of Jacqui Snyder
The Law Office of Jacqui Snyder | Jacqui Snyder
No. Your case must be dismissed and closed, then a new Chapter 7 would have to be filed. You cannot file another bankruptcy for 8 years after your previous filing. The dates are determined from filing date to filing date. The date for the second filing would be determined by the day the 13 was filed, not the date the case was converted to a 7. Good luck!
Answer Applies to: Ohio
Replied: 8/5/2011
Ross Smith, Attorney at Law
Ross Smith, Attorney at Law | Charles Ross Smith III
The short answer is yes. If you don't have an attorney yet, you will almost certainly need one to do this. Good luck.
Answer Applies to: Ohio
Replied: 8/5/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If I understand you correctly, you filed a Chapter 7 in 2007, in which case you cannot convert and would only be eligible to file a Chapter 7 again in 2015.
Answer Applies to: Indiana
Replied: 8/5/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    No, but I believe you can dismiss your Chapter 13 case and file a new Chapter 7 after the required time has passed. If you received a discharge in your initial Chapter 13 case but paid less than 70% of your unsecured debts, then you must wait 6 years from that date before filing a new Chapter 7.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    You will need to dismiss and refile if the timing has passed.
    Answer Applies to: Oregon
    Replied: 8/5/2011
    The Port Law Firm
    The Port Law Firm | Edward Port
    You would not be able to convert your chapter 13 case. You could possibly dismiss your case but it may be in your best interest to stay in a chapter 13. Filing bankruptcy is not just about filing paperwork. You must be aware of how many cases you file. Courts do not look favorably on multiple filings in a short period. Also, you must review your situation to determine if you could file a chapter 7. You must seek an attorney's advice.
    Answer Applies to: Florida
    Replied: 8/5/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Perhaps..
    Answer Applies to: Maryland
    Replied: 8/5/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Yes. I am happy to discuss your options with you. Please call to schedule a free consultation.
    Answer Applies to: Georgia
    Replied: 8/5/2011
    Law Office of John C. Farrell, Jr.
    Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
    Yes you are allowed to convert a Chapter 13 to a Chapter 7. A lot of people are just unable to stay in a Chapter 13 for a variety of reasons. However, the conversion is dependent on a number of factors. You should consult with an attorney.
    Answer Applies to: Massachusetts
    Replied: 8/5/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    No, the filing date of the new 13 is your beginning date and that does not change because you want to change to a Ch 7. There has recently been a case in our District where this exact matter was addressed and the judge said no, original filing date in conversion case is what decides whether or not you are eligible to convert to a Ch 7.
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    Based upon your question, I am assuming that your completed your 2007 case AND received a discharge. If the case was dismissed without the entry of a discharge, the following answer would not apply. Assuming you received a discharge in the 2007 case, your answer is contained in 11 U.S.C. Section 727(a)(9) which precludes the receipt of a discharge if: (9) the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least (A) 100 percent of the allowed unsecured claims in such case; or (B) (i) 70 percent of such claims; and (ii) the plan was proposed by the debtor in good faith, and was the debtors best effort. In plain English, this means that you cannot receive a Chapter 7 discharge until 6 years after the receipt of a Chapter 13 discharge in a case in which you paid at least 70% of your unsecured debt. Since your current Chapter 13 case was filed within 6 years of your prior case, you cannot convert the current case to Chapter 7 and receive a discharge. The Bankruptcy Code looks to the date the case was commenced to measure the 6 year waiting period. If you reach the point in time when it has been more than 6 years since your 2007 case was commenced, you could dismiss the current Chapter 13 case and file a Chapter 7 case. You would have to file a new case rather than convert under the facts you have provided.
    Answer Applies to: Alabama
    Replied: 8/5/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You can convert a Chapter 13 case to a Chapter 7 case at any time if you are eligible for Chapter 7. Since there are certain debts dischargeable in Chapter 13 and not Chapter 7 you need legal advice as to whether that would be the right thing to do in your case. Most importantly, if you are not eligible for a Chapter 7 discharge then there would be no reason to convert the case since the only purpose for a Chapter 7 is to obtain a discharge. If you received a Chapter 13 discharge already because of the 2007 case you filed you might not be eligible for yet for a Chapter 7 discharge. Hopefully you have a lawyer that should be giving you advice and to whom you should be addressing your questions. This is just very general information
    Answer Applies to: California
    Replied: 8/5/2011
    Lake Forest Bankruptcy
    Lake Forest Bankruptcy | Anerio V. Altman, Esq.
    You can, but you won't receive a discharge. Stay with the 13 if you can. You measure time for this purpose from filing date to filing date and a conversion dates back to the filing date, not the discharge date.
    Answer Applies to: California
    Replied: 8/5/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You don't need to wait to convert so long as you qualify.
    Answer Applies to: California
    Replied: 8/5/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    No. The time between Chapter 7 cases runs from filing date to filing date. Converting a case will not change the filing date. You will have to dismiss the Chapter 13 case in order to file a Chapter 7 once you are beyond the 8 year period between filing dates.
    Answer Applies to: Colorado
    Replied: 8/5/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No. The original date of filing controls on a conversion. You would have to dismiss and refile, and possibly subject to a bad faith claim by the U.S. Trustee.
    Answer Applies to: California
    Replied: 8/5/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No. You must have the new 13 dismissed and then you can file Chapter 7. It is the petition date that counts.
    Answer Applies to: California
    Replied: 8/5/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No. And in filing the second chapter 13, you impacted whether you get the needed automatic stay in your 7. In acting without a lawyer, you likely have made a serious blunder. See a lawyer to determine how badly you messed up and if there are any fixes.
    Answer Applies to: Georgia
    Replied: 8/5/2011
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