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

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.

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.

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.

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

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.

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.

You don't need to wait to convert so long as you qualify.

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.

No. You must have the new 13 dismissed and then you can file Chapter 7. It is the petition date that counts.

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.