How do I convert Chapter 13 to Chapter 7? 5 Answers as of February 02, 2012

If you intend to convert, I would file before the hearing on the motion to dismiss. The case could be dismissed at the hearing and then you would have no opportunity to convert. Please note, however, that the way you are paid is very common. When a bankruptcy is filed, the income is calculated by trustee's office (and usually the filer;s attorney) in such a way as to take into account that the filer is paid 26 times a year, not 24. Therefore, if you have no other change to your income other than what you described, you may not be eligible to convert. You should schedule a consultation with an experienced bankruptcy attorney to discuss the possibility and feasibility of conversion. Finally, you are required to turn over tax forms in Chapter 7 and 13. Whether your refunds must be turned over depends on your plan (in a 13) and on your exemptions (in a 7).

Yes, you should file a motion to convert with a new Schedule I and CMI showing the lower income. But you will still have to supply a copy of your tax return to the Ch 7 trustee. I would do it before the hearing so that you can go to the hearing and say that you have converted. But don't be surprised if the judge still makes you provide him with a copy of your tax return. He's probably going to want to look at it for fraud with what you filed in your 13 paperwork since you have obviously not been cooperative in supplying. It makes appear that you have something to hide.

If you qualify, you can file a motion to convert the case to a chapter 7. I would file the case before your hearing so the case does not get dismissed. If it does, then you cannot convert it. But you need to make sure you qualify under income and assets when you convert the case.

You are in way over your head. Pro se cases almost never go well. An improper conversion could be financially catastrophic. If you wait until after a hearing about a dismissal, it's too late. And since you have failed to comply with a court order (and why would you conceal a tax return), any chapter 7 you file will also likely be dismissed. The fact that you do not understand that being paid 2 or 3 times in a month does NOT change your monthly income at all also shows how deep you are in trouble. You are actually receiving 2.3 paychecks a month. I gather you don't understand the multiply by 26 then divide by 12 math that you must use. Note that if you were previously ineligible for a 7 a conversion may draw a bad faith challenge, and you may also need to consider post petition modification. In other words, before you make a real mess, get a real lawyer.

Right now you are preparing to go skydiving with a parachute you packed yourself. You be the judge of the wisdom of that path. I am very doubtful about your math. I suspect that there is no 6 month period that does not have a 3 week pay in it for you. Even if you are correct, I think your tax refund may end up belonging to either the 13 trustee or the new 7 trustee. By the way, the Form 22C is a very complex form. You may have missed some deductions that you were entitled to. You really need some expert advice before you hurt yourself. It's your money.