Expert Advice When You Need It Most

Bankruptcy Conversion Chapter 13 to Chapter 7?

I have an attorney representing me in my Chapter 13 plan, he is failing to acknowledge my request to convert to chapter 7 or request for a harship discharge. I assume it is because I originall paid him for a chapter 7, but the day of filing he said i didn't qualify and owed him an additional $3405. But, said it would be included in the Ch 13 plan. How can I get a chapter conversion or hardship discharge without my attorney? I checked the US Bankruptcy Court District of Nevada website for forms and cannot locate them.

Save

Attorney answers (1)

Reputation Level 12
I don't practice in Nevada so please use this as general information and not specific legal advice.

There are two different issues inherent in your question. The first is whether or not it is a good idea for you to convert your case. There is not enough information provided in your question to offer you any insight on that question. If you did not qualify when you filed, has something changed that would no longer prevent filing under Chapter 7?

The more troubling question is how to deal with your present attorney. Your question seems to imply that you believe your attorney does not want you to convert because he will make more money if you stay with the Chapter 13. I hope that is not true. I do not believe most bankruptcy attorneys would let that influence them. There is plenty of business and a few more fees from one client is not likely to have much influence with most bankruptcy attorneys. Having said that, there is still the matter of how you get the attorney's attention. I would suggest that you put your wishes in a letter and send it to the attorney and ask for a written response. That should prompt some attention to your case. Maybe the attorney have a very valid reason for not wanting you to convert the case. If so, he should explain his reasoning. I wish you good luck.
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now