Can you file chapter 7 from chapter 13 and own real estate property? 12 Answers as of February 28, 2014

I had filed chapter 7 from chapter 13. Lawyer said yes I could and she was wrong. She stopped my bankruptcy without checking to see if I could.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
I don't understand your Question. Do you mean convert a ch 7 to ch 13? Yes upon motion to the Court. Ownership of real property is not relevant to conversion
Answer Applies to: New York
Replied: 2/28/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
There are too many variables to properly answer your question -. I would need more specific information. Normally, you can convert a Chapter 7 to a Chapter 13, and visa-verse. There may be some issues when you file a 7, convert to a 13, then want the 13 dismissed for some strategic reason.
Answer Applies to: Colorado
Replied: 2/28/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
You can convert from 13 to a 7 or vice versa.
Answer Applies to: California
Replied: 2/28/2014
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
An individual in chapter 13 has a right to convert to chapter 7.(If there was .a prior conversion or there is an issue of bad faith there could be an issue, but for the most part, there is no restriction to converting to chapter 7.) There is an entirely different issue as to whether conversion to chapter 7 is advisable. A chapter 7 trustee has the right to take non-exempt assets.
Answer Applies to: Florida
Replied: 2/27/2014
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Yes you can modify your case from chapter 13 to chapter 7. However, you must always keep in mind what your original objectives in filing a chapter 13 over a chapter 7 were in the first place. If you were trying to say strip a second mortgage, pay back first mortgage arrears etc, many of these options are not available with a chapter 7. You must have done a chapter 13 for some reason over the more simple chapter 7. Without this information I can's be of any further help.
Answer Applies to: California
Replied: 2/27/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    As long as you qualify for the chapter you are transferring to, it is possible with a court fee to convert a bankruptcy to a 7 or a 13. Whether that will be to your advantage or not would require more details on your part. I am happy to speak with you if you need further information 203.870.6700.
    Answer Applies to: Connecticut
    Replied: 2/27/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    This question is confusing and not sure what it is asking when you say "file chapter 7 from chapter 13". Please clarify and re-submit the question. Perhaps you are talking about converting a chapter 13 to chapter 7
    Answer Applies to: California
    Replied: 2/27/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You may own real property in Chapter 7. If the real property's value exceeds the exemption limit for your state or the property is not your principal residence, then you may not protect it from your bankruptcy.
    Answer Applies to: Indiana
    Replied: 2/27/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    I would need more information to be able to say for sure. Owning real estate usually isn't the issue. The real issue is whether the equity you have in the real estate is protected by the exemptions that are available to you. In Nevada, that is seldom the problem, as the allowed equity in property claimed as a homestead starts at $140K and goes up to $550K if you have owned the property for several years. However, if the property isn't your home, in a Chapter 7 the Trustee can take the property & sell it to pay your debts.
    Answer Applies to: Nevada
    Replied: 2/27/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Ouch. I am assuming you had equity in the property and now the ch7 trustee wants to sell it. Talk to another lawyer about converting back to ch13. Do this ASAP as you will have to pay the ch7 trustee's fees as an adminstraitve claim - so the sooner the better.
    Answer Applies to: California
    Replied: 2/27/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    It depends on each case and the equity in your house. If your attorney was wrong then you should seek out a new attorney.
    Answer Applies to: New York
    Replied: 2/27/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your question isn't making much sense. I assume you are asking about converting a chapter 13 case to a chapter 7 case. Property ownership by itself is not an issue in whether you can convert. The question is income and household size and, if you have property, while ther the mortgage is current as well as how much equity there is and whether you wish to keep it or not. Talk to your lawyer and ask why she is saying what she is saying. Only she has sufficient information about your case and your circumstances to be able to advise you as to how you can/may/should proceed.
    Answer Applies to: Colorado
    Replied: 2/27/2014
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