Converting from a 13 to a 7 Or Letting case get dimissed and filing chapter 7?

Asked over 4 years ago - Phoenix, AZ

I am in a chapter 13 because I did not qualify for 7 due to the 8 year rule. I am 5 months from the 8 years in between is up. I make less than the mediun for my state. should I let my 13 dismiss or continue to make 13 payments and convert to a 7 when I am eligible? I am confused as to how the automatic stay would affect me either way. I know if my 13 is dismissed, the automatic stay will no longer be in effect, But from what I am reading, If I volunteerally dismiss it, I will have to wait a certain time period to file again. could someone clarify this, one compared to the other?

Additional information

Also since I make less than the mediun for my state, does this automatically qualify me for a 7, even if I will have some disposable income or will the make me do a 13

Attorney answers (1)

  1. Jared B Gaynor

    Contributor Level 10

    Answered . You really don't have much of a choice, here. If you convert to a chapter 7, the timeline from the original chapter 13 still stands - that is, it would be like you filed a chapter 7 instead of a chapter 13, and you will be ineligible for a discharge due to the time limits.

    You need to let your chapter 13 dismiss and file another case.

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