How do I convert to chapter 7 bankruptcy? 6 Answers as of February 28, 2014

I'm a single mom, just divorced 3 years ago, in school. Filed chapter 13 to save my house. Lost my job during chapter 13 (after 1.7 years of paying), currently in foreclosure of my primary home again. Auction date is March 5. 2014. My house is maybe worth $400k, with mortgage, all liens and super lien? For the Homeowners Association, $390k is probably what I owe. Talking to CHAC/HUD regarding a plan that can help me since September 2013. Counselor said no can do during bankruptcy filing, she's running out of time to do HARP 2 (takes 4 weeks) to save my home! I can only qualify for HARP 2 if I have a job. I was just offered 2 jobs but will need to wait til March 7, 2014 to start. I think I will still make income below my means test required but still enough to qualify for HARP. Do I convert to chapter 7 now? Do I sign an agreement with US Bankruptcy Trustee today to modify my current chapter 13 plan so it doesn't get dismissed? Do I tell Trustee about possible plans to convert to chapter 13? Please help! My attorney needs more money to retain him to convert but I don't have it right now.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
The Bkry Clerk's website probably has forms to convert your case to ch 7. I can't possibly answer the other Qs without much more information regarding your case
Answer Applies to: New York
Replied: 2/28/2014
Stephens Gourley & Bywater | David A. Stephens
You just file a request for conversion, if you have not converted before. Converting to Chapter 7 may not re-impose the stay of foreclosure. Usually the order lifting stay states that any conversion does not re-impose the stay. You would have to look at the order to know for sure.
Answer Applies to: Nevada
Replied: 2/28/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Converting will not save your house if motion for relief from stay has been granted. I'm not an expert on modifications but I don't think they can forclose while you have a loan mod pending.
Answer Applies to: California
Replied: 2/27/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
You have given us TMI - too much information, but not the right kind of information. To qualify to convert to Chapter 7, you will need to show that after paying your living expenses, you have virtually no money available to put towards debts. If you qualify, you can convert without anyone's permission, and the court typically will sign the order within 8 hours doing that. Converting will not allow you to meet the objective of your Chapter 13 Plan to save your home, and I would be shocked if under the circumstances you would be able to obtain a quick loan modification to save your home because the way you are describing things, you may not qualify. But anything is possible.
Answer Applies to: Nevada
Replied: 2/27/2014
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
If there is a foreclosure sale scheduled and you think it will take place, there would need to be an order granting relief from the automatic stay that protects you from foreclosure for the sale to happen. That order may have been entered if you stopped paying the mortgage on time and the bank filed a motion asking for the stay to be lifted. If that is the case, converting to a chapter 7 case will not protect you. That is, it will not impose a new stay. The only chance you have under the facts you disclose is to file a request for dismissal and submit the loan modification application as far in advance of March 5th as possible and that may stop the sale. ... One other option, which I cannot disclose here, would only be available after dismissal, but you would need to speak to an attorney to explore options. Review your Rights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys (the "RAR Agreement") to see if your attorney can charge you for that or if it is already included in the flat fee; otherwise, a small fee may be warranted at most as the request for dismissal is quite short.
Answer Applies to: California
Replied: 2/27/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You don't need permission to convert nor sign anything with the trustee, your attorney would just file a motion. If you are in a chapter 13 then the automatic stay would prevent an auction
    Answer Applies to: New York
    Replied: 2/27/2014
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