Can we convert from a chapter 13 to chapter 7

Asked over 1 year ago - Chandler, AZ

We filed chapter 13 and have paid 2 1/2 years of payments. My job is now relocating me to California and rent is way higher and my husband will not have a job. We are still over the means test for income. Will we be able to invert to a chapter 7? We have a 5 year bankruptcy plan

Attorney answers (4)

  1. Susan Schmeidler Blum

    Pro

    Contributor Level 11

    8

    Lawyers agree

    Answered . A debtor's right to convert is automatic and the first conversion will be automatically granted. If you choose to convert, you would need to file the amended budget (schedules I and J), new Statement of Intention, and any other supporting docs. If the means test shows that you will qualify for the 7, then you can file that as well. You should be speaking to your attorney about what information and documents are needed in order for the attorney to file the motion to convert.

  2. Steven W Zachary

    Contributor Level 17

    2

    Lawyers agree

    Answered . You can convert to a Chapter 7 if the facts support it. Talk with your lawyer to have him/her help you with the process.

  3. Diane L Drain

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . No one can answer this question without a great deal more information. If you have an attorney - talk to them before converting. If you do not - consider hiring someone to help you. This can be a very complicated issue depending on why you filed, etc.

    Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy.

    Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don’t assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them – the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney.

    When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of “bankruptcy” attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

    This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the... more
  4. Joseph Ryan

    Contributor Level 12

    2

    Lawyers agree

    Answered . Yes, you can convert your case to a chapter 7. In some districts you can convert by simply filing a notice of conversion with the bankruptcy court. You should definitely seek the advice of an attorney before converting.

    You need to make sure that you qualify for a chapter 7. You need to file conversion schedules. An attorney will be able to help you accomplish these tasks.

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