I fled a Chapter 7 in 2009 and a Chapter 13 in 2016, am I able to convert the 13 to a 7 now? Thanks
Great question. Talk to your bankruptcy attorney about it. Good luck.
This answer is for general purposes only and does not establish an attorney-client relationship.
If you had a Bankruptcy attorney, you should consult the attorney. If you did not have one then you need to retain an experienced OH Bankruptcy attorney. You may be able to convert, but a document review is required to determine that. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
No - You cannot convert. With respect to timeframe eligibility parameters, you can dismiss your Chapter 13 case, and then potentially file under Chapter 7 if eight years have passed since you filed the Chapter 7 case. However, there are many considerations to weigh before you make this decision, and it is possible that you are not otherwise eligible to file under Chapter 7. The "eight-year rule" is only one piece of the puzzle. See 11 U.S.C. 727(a)(8).
The response to any inquiry on this forum does not create an attorney-client relationship. No informal discussion group such as this can replace the comprehensive investigation that can be performed by a qualified attorney who concentrates in the area(s) of law raised by your legal question. Please keep in mind that every jurisdiction has statutes of limitation and other laws that will have the effect of time-barring a potential claim. These deadlines differ from jurisdiction to jurisdiction. Consulting with an attorney quickly is the best way to protect yourself. Time is of the essence - Do not delay.
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