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Can I convert my chapter 13 case into a chapter 7 if I have filed a chapter 7 and dismissed back in 2005

Decatur, GA |

I'm currently in a chapter 13 and in 2005 I did a chapter 7 can I convert my 13 case into a 7 now

Attorney Answers 3


  1. No, the original date of filing the Chapter 13 controls. If you filed a Chapter 7 in 2005, you absolutely must wait until 2013 to be able to file a Chapter 7 but conversion is not possible.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.


  2. While you cannot convert to a chapter 7, you may be eligible for a hardship discharge. To qualify you must be able to show that you can't make Chapter 13 payments due to circumstances beyond your control, the Plan cannot be modified to fix the problem, and the creditors must have received as much as they would have in a Chapter 7. This is a complicated issue, so I would suggest consulting an attorney to determine if this is right for your situation.


  3. Your post is unclear which means the two answers above may be right or wrong.

    If you got a DISCHARGE (you said dismissed, but that's rare) in your 2005 Chapter 7 you may POSSIBLY be eligible to convert.

    However, if you got a discharge, you have to wait 8 years for the next 7. Your lawyer may however be able to make changes in your 13. In this situation I hope you have a lawyer and are not pro se, as you need a lawyer to review things. Get one if you do not have one.