What if I filed for chapter 13 and lost my job? 27 Answers as of July 03, 2013

Am I able to file Chapter 7? Do the numbers need to show my current income? Do I need to pay another filing fee? My wife also had a cut in pay. We have a rental home in foreclosure. Our primary residence is current on the mortgages. Not sure what to do.

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Melinda Murphy Dionne, PC
Melinda Murphy Dionne, PC | Melinda Murphy Dionne
The first step you should take is to make an appointment with your lawyer to discuss these matters, assuming you are represented. If you filed the case yourself, you can convert a Chapter 13 to Chapter 7. There is a $25 conversion fee that must be paid upon conversion to Chapter 7. You must show your current income and any debts incurred since your original case was filed. You need to make a realistic assessment of your ability to pay your debts. If you can no longer afford the rental house it needs to be surrendered in the Chapter 7 case. The same goes for your primary residence. You can only file Chapter 7 once every 8 years. If you convert, that is the time to wipe the slate clean and get a fresh financial start.
Answer Applies to: Alabama
Replied: 8/4/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Based on a change in circumstances you can convert to chapter 7.
Answer Applies to: California
Replied: 7/15/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
You can convert to Chapter 7 for a relatively small fee assuming that your lower income qualifies.
Answer Applies to: Michigan
Replied: 7/14/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If you have lost your job during your chapter 13 you may want to file a modification. If you decide that is unfeasible you may want to convert to chapter 7. There is a conversion fee, approximately $25. You will have to update your income and expense in schedules I and J. Also any other changes must be updated. You should consider whether to keep your rental property if you can't afford it. Keep your residence current. All in all, you should retain a bankruptcy attorney to do this.
Answer Applies to: California
Replied: 7/14/2011
The Law Offices of Alan M. Laskin
The Law Offices of Alan M. Laskin | Jared B. Gaynor
You should speak to your attorney, but in general there is no need to refile. You can petition the court to convert the case to Chapter 7.
Answer Applies to: California
Replied: 7/14/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Yes, you can change a chapter 13 into a chapter 17 under those circumstances.
    Answer Applies to: California
    Replied: 7/14/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    You should meet with your attorney to determine whether you are eligible for conversion to Chapter 7. Given the right set of facts, you may be able to do so. The filing fee itself is just the difference between the 7 and 13 fees so you will just pay $25.00 to the court.
    Answer Applies to: Oregon
    Replied: 7/14/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    If you filed for a chapter 13 but then later lost your job, it is going to be difficult to continue to say in the 13 plan w/o having income to make the payments. You may be able to convert you ch. 13 to a ch. 7 once you are able to qualify under the income requirements of the ch. 7, so it is going to depend upon your average income for both you and your wife over the last 6 months to see if it falls within the qualifications. If your rental property is in foreclosure, you are likely to end up losing that, unless you can reach a negotiation with your lender. Your primary residence that you are current on will most likely not be something you would lose in the ch. 7, since you're current, and my guess is you probably don't have any equity, but you would need to make sure that this is the case and that if there is any equity in the property, that it would fall under one of the exemptions. I would recommend contacting an attorney, as converting your 13 to a 7 will probably require some strategizing.
    Answer Applies to: California
    Replied: 7/14/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Yes.
    Answer Applies to: Maryland
    Replied: 6/10/2013
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Notify your BK Attorney and Trustee, they will make the proper amendments
    Answer Applies to: Washington
    Replied: 7/14/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    Changes in your circumstances would justify a conversion of your chapter 13 to a chapter 7, provided you were eligible for chapter 7 at the time the chapter 13 was filed. There is a court fee of $25 to do so.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Your Ch13 can be converted to Ch7. You may lose the rental, but sounds like that happening regardless.
    Answer Applies to: Mississippi
    Replied: 7/14/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    If you are currently in a chapter 13, you may want to convert to a chapter 7. There is a small filing fee, about $30. You will probably need to file amended schedules I (income) and J (expenses). It's usually best to do this before your chapter 13 is dismissed for non-payment. If it has been dismissed, you will have to pay the full filing fee ($299) to do the chapter 7. Talk to your bankruptcy attorney as soon as you can.
    Answer Applies to: Pennsylvania
    Replied: 7/14/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    If you filed for Chapter 13 and then lost your job, it may be possible to convert your case to Chapter 7, or at least file a Motion to Modify Chapter 13 Plan to reduce your plan payments. Consult your attorney to discuss your options in detail. The "means test" or B22C form does not change, but it does not apply in the context of a modification. Your other questions are very fact specific and need to be addressed to your lawyer. Thank you,
    Answer Applies to: Texas
    Replied: 7/14/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If your current income qualifies you for a Chapter 7, you can convert your Chapter 13 to a Chapter 7 with a motion.
    Answer Applies to: California
    Replied: 7/14/2011
    Marilyn J. Hochman
    Marilyn J. Hochman | Hochman and Peppler, LLC
    You can convert a Ch 13 to a Ch 7. There is a small fee. The answers to your questions also depend on why you were in a 13. Was it just due to the means test? Was there another reason for the 13? Even though the rental is in foreclosure did you want to keep it? The best advice is to let your attorney know about any changes to your income and he or she can advise you as to your options. Good luck.
    Answer Applies to: Florida
    Replied: 7/14/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Qualifing for Chapter 7 is based on your last 6 months of income. You should discuss options with your bankruptcy lawyer
    Answer Applies to: Florida
    Replied: 7/14/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    A job loss would make a big difference. I suggest you talk with an attorney concerning your particular circumstsnces. It can be confusing and stressful om your own.
    Answer Applies to: Virginia
    Replied: 7/13/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    You may be able to convert your chapter 13 bankruptcy case into a chapter 7 bankruptcy. You should speak to an attorney in your jurisdiction.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Not enough information provided to definitively say that you could file a Chapter 7 after losing a job during a Chapter 13, but generally speaking, if you don't qualify for Chapter 7 relief at the onset of the 13 simply because you make too much money, then during the Chapter 13 you can "convert" to a Chapter 7 once your income has changed. The filing fee to convert is $25.
    Answer Applies to: Indiana
    Replied: 7/13/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Can convert to Chapter 7?
    Answer Applies to: California
    Replied: 7/3/2013
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    Assuming someone files for Chapter 13 and all of a sudden their income changes for the worse, assuming they qualify for a Chapter 7, the debtor can convert his Chapter 13 to a Chapter 7. To determine if a party is eligible to convert their Chapter 13 to a Chapter 7 they would need to consult a bankruptcy attorney who can advise them on their specific situation.
    Answer Applies to: California
    Replied: 7/13/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    If you pass the Means Test, you probably qualify for a Chapter 7. You can either convert the case or let your 13 be dismissed then file the 7.
    Answer Applies to: California
    Replied: 7/13/2011
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