Can we convert our bankruptcy from Chapter 13 to Chapter 7? 16 Answers as of May 15, 2013

My wife and I filed chapter 13 at the end of 2012 we just received orders to move to Texas we are expecting our cost of living to raise because we will not be able to live on post in Texas so we are wondering if we end up having to can we convert our bankruptcy to a chapter 7 in a state other than where it was filed.

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Law Office of Sean P Fleming
Law Office of Sean P Fleming | Sean P Fleming
You should consult with an attorney to determine whether you qualify.
Answer Applies to: Illinois
Replied: 5/15/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
No, you would have to convert in the state you filed
Answer Applies to: New York
Replied: 5/14/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Your case will remain where it was filed. You can file a motion to convert based on a change in circumstances, but you will have to go to another 341a hearing (where the case is filed).
Answer Applies to: California
Replied: 5/14/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Maybe. It depends on a lot of different things. Ask your current lawyer.
Answer Applies to: Indiana
Replied: 5/14/2013
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
If you are eligible to convert to Chapter 7, it doesn't matter where you live. However, you need to get advice from an attorney in order to determine whether you are eligible to be in Chapter 7 and whether it really is your best option. A number of factors need to be looked out in order to determine whether you can, and need to, convert to Chapter 7. And, in some circumstances, it is better to dismiss your Chapter 13 and file a new Chapter 7.
Answer Applies to: Oregon
Replied: 5/14/2013
    Stephens Gourley & Bywater | David A. Stephens
    You can convert to chapter 7 if you are otherwise eligible. However, you have to convert in the court where you filed the bankruptcy.
    Answer Applies to: Nevada
    Replied: 5/14/2013
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    Depends on your exact circumstances. Assuming you could have qualified for a Chapter 7, there is a right in Chapter 13 to convert to Chapter 7, but there are consequences as well.
    Answer Applies to: New Jersey
    Replied: 5/14/2013
    Law Office of Robert Sisson | Robert Sisson
    Yes
    Answer Applies to: Wisconsin
    Replied: 5/14/2013
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    Yes, but not in Texas and assuming you are eligible according to the means test.
    Answer Applies to: Michigan
    Replied: 5/14/2013
    Idaho Bankruptcy Law | Paul Ross
    You can convert to a Chapter 7, but you will do it in the Court where your bankruptcy is filed. It will not really matter where you live. What will matter is your income, the change in circumstances, and the new Form 22 you will file with a conversion. If the Form 22 indicates you are in Chapter 7 territory, you can convert.
    Answer Applies to: Idaho
    Replied: 5/14/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It might be possible, but the devil is always in the details. If your case is converted, the case will remain in the state where it was originally filed and will not be moved to your new home state absent extraordinary efforts that would not change the result.
    Answer Applies to: Nevada
    Replied: 5/14/2013
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    You can convert it here in Illinois before you move; however, you would need to go to one court hearing back in Illinois about 4-6 weeks later. You should talk with your lawyer about it to be sure you are eligible to do that. If you don't have an attorney, you should hire one and discuss your options.
    Answer Applies to: Illinois
    Replied: 5/14/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    You can convert, but you have to convert in the same state that the case was filed. In order to convert you have to show a financial change in circumstance that does not allow you to make the monthly payment any longer. If you can make the payment, then you just leave the case in the state you filed and continue making payments.
    Answer Applies to: Georgia
    Replied: 5/14/2013
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Yes. You can
    Answer Applies to: Connecticut
    Replied: 5/14/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    No, but you can generally convert in your prior state based on the higher living expenses you are incurring by living in Texas. People move all the time, when you think about that many clients filing bankruptcy don't have jobs or have poor paying jobs, this is not unusual at all.
    Answer Applies to: Michigan
    Replied: 5/14/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Talk to your bankruptcy attorney. It may be best to stay in the chapter 13 depending on the debts being paid through the plan.
    Answer Applies to: Arizona
    Replied: 5/14/2013
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