Before the new bankrupcy laws took affect it was a fairly simple matter to conver from a "13" to a "7"; now it is extremely difficult to have such action approved by the bankruptcy court. The best options are to consult with the attorney who handled the BK or contact the chapter 13 trustee for assistance.
No. You can only have one bankruptcy proceeding at a time. You can convert the 13 to a 7.
An unfortunate aspect of Chapter 13 bankruptcy plans is that the budget is very strict and hard to keep. An individual having problems with the chapter 13 bankruptcy can convert into a chapter 7 bankruptcy or re-file altogether. Make sure to look into the changes and different effects that a chapter 7 (as compared to Chapter 13) will have on you.
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.
You can convert from Chapter 13 to chapter 7 by having your attorney file the proper paper work within the courts, but you must sign them additionally approving this change.
can i convert my chapter 13 to a chapter 7 if i filed a chapter 7 in 2005
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.
You can file a Chapter 7 bankruptcy.
can you change your filing from chapter 7 to chapter 13 ?
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.
Technically yes and no. You could 'convert' your case to a chapter 7, but that would mean you have to meet the conditions for a chapter 7 case. Which involves wages being a certain amount; and the like. No. You can only have one bankruptcy open at a time. If your financial situation worsens, or you have a short-term drop in tour income, you can suspend or withdraw your chapter 13, or convert to a chapter 7. If the secured debt arrears have been paid, usually in the first year of a plan, you may be able to terminate the chapter 13 and get a discharge. This is a very complicated area of bankruptcy, so consult an experienced local bankruptcy lawyer.
The amount of time a bankruptcy stays on your credit report after discharge differs between Chapter 7 and Chapter 13 Bankruptcy. With Chapter 7 bankruptcy, the Chapter 7 stays on your credit report for 10 years. Chapter 13 bankruptcy, after discharge, it shows for 7 years on your credit report.
You can either try to modify your 13 plan payments, convert to a chapter 7, or dismiss your BK.
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.
You can file bankruptcy again 7 years after the last time you filed.
A Chapter 7 bankruptcy is a "straight bankruptcy" where the assets are liquidated. This differs from Chapter 11 and Chapter 13 bankruptcies, where the company is reorganized. For more information see the related link.
There are a few advantages to Chapter 7 bankruptcy versus Chapter 13 bankruptcy. For one, Chapter 7 is usually a quicker process than Chapter 13, with typical cases lasting only a few months. In addition, with Chapter 7 bankruptcy most, if not all, of one's unsecured debt such as credit cards and personal loans is eliminated whereas Chapter 13 requires it all to be paid back. Lastly, most Chapter 7 filers keep most, if not all, of their property.
Yes, you can convert to a chapter 7.
No. You can only convert the 13 to a 7.
As long as your Lawyer says.
How soon after filing Chapter 7 Bankruptcy, can you file either Chapter 13 or Chapter 7 Banruptcy again?
Yes, the necessities would be to be eligible for a chapter 7. If the means test was why you filed a chapter 13, then you would want to re-examine your income now to see what has changed. The pros - you no longer have a plan payment to make