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Attorney answers (3)
Reputation Level 12
Answered over 2 years ago.
Chapter 13 Bankruptcy Attorney in Philadelphia, PA.
Dear Sir or Madam,
A debtor may convert a case from chapter 13 to chapter 7 pursuant to section 1307 of the bankruptcy code. The correct citation is 11 U.S.C. Section 1307(a). I have attached the code section for your convenience. § 1307. Conversion or dismissal (a) The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable. Take care and good luck. Stephen M. Dunne, Esq. Dunne Law Offices, P.C. (215) 854-6342 1500 JFK Blvd, Two Penn Center, Suite 200 Philadelphia, PA 19102 dunnelawoffices@gmail.com www.dunnelawoffices.com 2 people marked this answer as good
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Reputation Level 14
Answered over 2 years ago.
Bankruptcy Attorney in Worcester, MA.
I am not licensed in your state but I can offer some general information.
You are generally allowed to convert to chapter7 from a 13, freely. So yes you can likely convert. However, you likely filed chapter 13 instead of 7 so that you could cure the arrears in your home (the missed payments). Once you are in chapter 7 the bank will come take the house pretty quick if you are behind in the payments. The car should not be a problem, unless you have a very expensive car or are behind on the payments. You should call you lawyer and have her help you through all of this. Good luck. Robert Kovacs 
Reputation Level 7
Answered over 2 years ago.
Chapter 13 Bankruptcy Attorney in Kent, WA.
You can file a motion to convert the case from Chapter 13 to Chapter 7. It is an Ex Parte motion, so, there is no hearing on this matter. The filing fee is $25. After the judge grants you a motion, you will hear from the court advising you to file a post conversion Schedules and Means Test. Your case will be assigned to a Chapter 7 bankruptcy trustee and soon you will have a 341 creditors’ meeting. You need to supply certain documents to the assigned bankruptcy trustee.
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