If you default on a chapter 13 can you file a chapter 7
Baltimore, MD
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Posted 5 months ago in Bankruptcy / Chapter 7
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If you default on a chapter 13 can you file a chapter 7
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Answers (1)E. Brian Davis
This attorney is licensed in Indiana and 2 other states.
Posted 5 months ago.
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It is not unusual for a person who is having trouble in a Chapter 13 to convert that case to a Chapter 7 case. Of course, there was some reason or reasons why a Chapter 13 was originally filed (rather than a Chapter 7) and those reasons may or may not be affected by a conversion.
For example, if you filed Chapter 13 because you "failed" the means test and then discovered after a year or two in the Chapte 13 that you simply can't make it, then you are probably OK. If you filed the Chapter 13 because you have equity in a house that a Chapter 7 trustee would want to recover and sell, then you still have that problem. Talk with your bankruptcy attorney, who knows all about the Chapter 13 filing. Tell him/her about the trouble you are having and ask about the good and bad aspects of converting to a Chapter 7 in your particular case. |