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Can a Chapter 13 bankruptcy be converted to Chapter 7?

Portland, OR |

We're in the process of filing for Chapter 13, but we switched attorneys, and our new one thinks we should do Chapter 7. Is it possible to convert like this? Is it advisable?

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Attorney answers 4


Sure it is possible. Whether or not you should is something I can not answer for you. I will tell you that chapter 7 bankruptcy fees are smaller than chapter 13 fees. Each lawyer sees things from a different point of view. Given a list of facts to 5 different lawyers you are liable to get 5 different approaches to a problem none of which are necessarily wrong. We are all creatures of experience and how a lawyer reacts to a set of facts is based on his past experience and personal preferences. Law is not a science, which is the reason it is called a practice.


I agree with Mr. Diamond. It is certainly possible. Whether it is advisable is a completely different question for which we have insufficient information to offer a response. Talk to your attorney about why he feels you should. Presumably you trust him, whay are you asking a bunch of people who you have never met?

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It is certainly possible. Whether it is advisable depends on a whole host of factors, which we can't begin to evaluate here (certainly not with the information provided - essentially, none). If you want to get a second opinion on your lawyer's decision, you can call additional lawyers, but ultimately, if you're going to hire a lawyer to handle your case, you have to trust the decisions they make.

Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.


It is reasonable for your new attorney to re-evaluate your situation to determine how to proceed. Perhaps this proposed change of course makes you distrustful of attorneys but often times the decsion as to which type of bankruptcy to pursue is a complicated balancing of factors. Perhaps you need to interview several attorneys until you find one who can explain things to your satisfaction before hiring one.

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