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Chapter 13 conversion to Chapter 7, or alternatively modify chapter 13 plan to cram down car and reduce monthly payment

Irvine, CA |

I am on short term disability and am in a ch 13. I filed Ch. 7 in 2005-discharged. My 13 was suspended until I am off SDI, however, I was laid off just preivous to SDI, and my attorney says I can't modify my plan to "cram" down my car, which would reduce my monthly payment in the case that I obtain new employment once I return to work at another job. He said I could not modify the plan, but we would have to dismiss the 13 and refile a new 13 to cram down the car. I don't quite understand this approach as attorney and trustee would receive full fees again. Could my case be converted to chapter 7 if I am not able to return to work within reasonable time frame? Why can't we modify my current plan? Or, can this 13 be converted to 7 even though the 7 was discharged in 2004?

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Attorney answers 1

Posted

I'm sorry but conversion is quite unavailable to you. You must wait 8 years from your last ch. 7 discharge before filing a 7 again. That means you would not be able to convert or file a Chapter 7 until approximately 2013 or 2012 depending on when you were discharged.

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