Can i convert my my Ch. 7 to a Ch. 13 with prior Ch 13) filings dated 04/03/2012 and 09/02/2012? Both were dismissed at

Asked about 1 year ago - San Antonio, TX

request of the trustee and without prejuduce by the Judge. I have sufficient burden of proof on my part to alleviate any "serial filing" accusations. i filed Ch. 7, on 04/02/2013i to keep my home from foreclosure. I had lost my job and had no means of income (except from my family) Since this, I have obtained a position in my field, and have the means to repay my debts. So, can i convert this ch 7 to ch 13 and still have automatix stay in effect? I can assume all pay,ments just not the arrears.

Attorney answers (5)

  1. Maxim Christopher Zawojski

    Contributor Level 11

    10

    Lawyers agree

    Answered . I agree that you need to speak with an attorney. I will say however that if you can't afford to pay the arrears on your mortgage then whether you are in a 7 or 13 or whether or not the stay is in effect is immaterial. Either way the bank can lift the stay to foreclose. A 13 can be used to pay off arrears though, so if you want to keep your home you should use some of that "means to repay" to hire an attorney.

  2. Scott Benjamin Riddle

    Contributor Level 19

    8

    Lawyers agree

    Answered . There is obviously way more to your situation. If you don't have a lawyer, that likely explains the mess. Get one immediately. Your own post clearly shows the serial filing accusations are accurate.

  3. Joseph Ryan

    Contributor Level 12

    8

    Lawyers agree

    Answered . I agree with my colleagues. To keep your home, you need to be able to make your current mortgage payments in addition to your plan payments (1/60 (or however long the plan is) of arrears plus other secured and priority debt). If you can't afford that payment, you cannot save your home (unless you can get a modification - some courts allow you to pay a reduced mortgage payments while the modification is pending).

    Other than that, I'm not exactly sure what is going on in your case. If you had a previous bankruptcy dismissed within the last year, you have to do a motion to continue the automatic stay. The procedure for this can vary among the local rules. In addition to the serial filer issue, I recommend that you go see an attorney to make sure that 1) the plan is feasible, 2) your circumstances have changed such that a motion to continue stay is proper, and 3) motion to convert won't get denied.

    Good luck!

  4. George John Dezenberg Jr.

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . You have the right to convert from a Chapter 13 to a Chapter 7, but not vice-versa. Converting from a Chapter 7 to a Chapter 13 will require a Motion and the Judge would have to enter an order allowing the conversion for good cause shown. I can say that typically a conversion from 7 to 13 is indicative of either (a) a client withholding information from his attorney, (b) a client with a bad attorney, or (c) a client with no attorney. If you can't propose a plan to cure arrears you cannot propose a plan to save the house that is feasible, and, accordingly, one filed in good faith.

  5. Stuart Gregory Steingraber

    Contributor Level 17

    2

    Lawyers agree

    Answered . You might be asking the wrong question. As pointed out in another response, the mortgage lender can request the court to lift the automatic stay irrespective of you being in a 13 or 7. You need to speak to your attorney about the process, but you also need to coordinate the move with the mortgage lender or its lawyers. If the loan modification erased your arrearage and you can handle the new payment, a Chapter 7 will be a way out of your unsecured debts. Good luck

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