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Can you convert your Chapter 13 bankruptcy to Chapter 7 if you had a previous Chapter 7 that was discharged 8 years ago?
Wiki User
∙ 16y ago
No. A Chapter 13 that is converted to Chapter 7 must have been ORIGINALLY filed at least 8 years from the prior Chapter 7. So, if you filed Chapter 7 in 2001, then filed Chapter 13 in 2005, you can't wait until 2009 and then convert the 13 to 7 since it was filed within 4 years of the prior 7. In this case, you would have to wait until 2009 and then DISMISS the Chapter 13 and re-file a new Chapter 7 after the 8 years from the prior 7 expired. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
Wiki User
∙ 16y ago
Wiki User
∙ 16y agoNO! To file a chapter 7 again you have to wait at least 8 years from the first chapter 7's discharge date.
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Depends, what you want to convert to what. To convert between different metric units, powers of 10 are used. For example, a kilometer is 1000 meters. To convert from metric units to imperial units, you have to ask specific questions for specific units, for example, "how to convert inches to meters", or "how to convert pounds to kilograms".Depends, what you want to convert to what. To convert between different metric units, powers of 10 are used. For example, a kilometer is 1000 meters. To convert from metric units to imperial units, you have to ask specific questions for specific units, for example, "how to convert inches to meters", or "how to convert pounds to kilograms".Depends, what you want to convert to what. To convert between different metric units, powers of 10 are used. For example, a kilometer is 1000 meters. To convert from metric units to imperial units, you have to ask specific questions for specific units, for example, "how to convert inches to meters", or "how to convert pounds to kilograms".Depends, what you want to convert to what. To convert between different metric units, powers of 10 are used. For example, a kilometer is 1000 meters. To convert from metric units to imperial units, you have to ask specific questions for specific units, for example, "how to convert inches to meters", or "how to convert pounds to kilograms".
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If 510 meters, then multiply by 100 to convert into centimetersIf 510 feet, then multiply by 30.48 to convert into centimetersIf 510 inches, then multiply by 2.54 to convert into centimetersIf 510 millimeters, then divide by 10 to convert into centimeters
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Could you change your chapter 7 to chapter 13 after being discharged?
Sometimes Chapter 13 debtors need or want to convert their bankruptcy case from a Chapter 13 to a Chapter 7 bankruptcy. And sometimes the bankruptcy court will force you to convert from Chapter 13 to Chapter 7 - this is often called a "forced conversion." The reasons for conversions vary. For the most part, if you are instigating the conversion, you have a right to convert your case. But that doesn't always mean you'll qualify for Chapter 7 relief.
Can your trustee convert your Ch 7 to a Ch 13 if he decides that you will have enough money to make payments on a Ch 13 repayment plan in 10 months?
No. Once a chapter 7 bankruptcy has been discharged it is final.
Can you convert a chapter 13 to a chapter 7 even though you previously had a chapter 7 discharged 7 years ago?
Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
How long do you have to wait to file a chapter 7 bankruptcy after you have filed for a chapter 13 bankruptcy?
The new bankruptcy reform legislation will dramatically change how long someone must wait to file bankruptcy if they have previously received a discharge. Under the current law, a debtro can file Chapter 7 again if it has been more than 6 years since he or she was discharged from the previous Chapter 7 bankruptcy. Under the new bankruptcy law taking effect on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
When can file a chapter 7 again after the first discharge in the state of georgea?
Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago. The above notes discharge dates. There are methods to convert an active Chap 13 to a 7.
Once you filed Chapter 13 can you cancel it?
You can move to dismiss the case. It is rare that this would be a good idea. You can convert to a Chapter 7 or ask to have plan modified to the amount paid if your financial circumstances have deteriorated to the point you cannot complete the plan. Your debts will not be discharged if you have your case dismissed. Consult a bankruptcy lawyer.
You are currently in a chap 13 bankruptcy can I change to a chap 7 bankruptcy?
You cannot change my bankruptcy, but you can convert your Chapter 13 to a Chapter 7. It happens frequently. You may want to check with your lawyer or an experienced lawyer since it can have unintended consequences.
How do I convert chapter 13 bankruptcy to chapter 7 myself What should be included in the motion to convert letter?
The debtor (or the debtor's attorney) can do this with a simple filing - usually an "Ex Parte Motion to Convert Chapter 13 to a Chapter 7." Providing the debtor's bankruptcy has not previously been converted already, the debtor/debtor attorney can do this without the permission or advance permission of either the bankruptcy judge or the Chapter 13 trustee that is managing the bankruptcy up until that point (hence, the "Ex Parte" part of the document). There are notice requirements - check with your local bankruptcy district to see who this needs to be mailed out to. Also, there is usually a small fee involved (it usually involves the debtor paying the difference in cost between a Chapter 13 and a Chapter 7 filing, but may be different - again, check with your local bankruptcy court). The debtor will be required to go through another 341 creditor's meeting with the new Chapter 7 trustee.
What happens if you are in bankruptcy and then become unemployed?
If you are in a chapter 13, if you are no longer able to make plan payments, you must either convert to a chapter 7 or dismiss the 13.
Can you file chapter 7 before chapter 13 is discharged?
No, you can't have two separate bankruptcies at once. If you are under a chapter 13, and are no longer able to make your plan payments, then you can convert your case from a 13 to a 7.
Are recent debts accrued after filing a no asset bankruptcy case discharged along with listed debts?
If you are referring to a Chapter 7 bankruptcy, you are stuck with debts incurred after filing the bankruptcy unless your case is dismissed without a discharge and later refiled. In a Chapter 13 case, sometimes post petition debts can be paid through plan or the debts can be covered if you voluntarily dismiss the case and refile or convert it to a Chapter 7. In the case of a conversion to a Chapter 7, it would cover all debts up to the date of the conversion. The reform laws that went into effect in October 2005 contain much stricter rules on cases where a bankruptcy has been dismissed and refiled to prevent "serial" filers. Before making a decison, you must consult a local bankruptcy attorney to decide if dismiss your case and refiling is a valid option for your circumstance. Finally, Chapter 7 cases are very difficult to dismiss voluntarily.
Can you file a chapter 7 after a chapter 13?
Believe it or not, the ploy is called a Chapter 20! A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments. The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankrupcy law a Chapter 13 bankruptcy may be filed only once every two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors attempt to circumvent this restriction by filing for Chapter 13 protection while the Chapter 7 petition is still pending. That option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even one mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their home in a subsequent "Chapter 13" filing.
