You can probably convert your case to chapter 7 assuming there are no assets to liquidate (or you don't mind loosing any assets that can be liquidated). You need to file a new Form B22 showing you qualify for chapter 7. Refling does the same thing, but it is sometimes easier to qualify in a conversion by stating you cannot afford your payments in the chapter 13 case. If you convert or refile you can still keep the truck if you can reaffirm the debt with the lender or otherwise work something out with the lender regarding the delinquent payments. You can always let the vehicle go back to the lender as well. Either stratagy should help with the refinance but you still may have credit problems on the refinance after the chapter 7 is complete. Good luck.
Dear Sir or Madam,
A debtor may convert a case from chapter 13 to chapter 7 pursuant to section 1307 of the bankruptcy code.
The correct citation is 11 U.S.C. Section 1307(a). I have attached the code section for your convenience.
§ 1307. Conversion or dismissal
(a) The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable.
Take care and good luck.
Stephen M. Dunne, Esq.
Dunne Law Offices, P.C.
1500 JFK Blvd, Two Penn Center, Suite 200
Philadelphia, PA 19102