If you have filed a Chapter 13 bankruptcy and you are struggling to pay your Chapter 13 plan payments, don’t lose hope! Dismissing your case is not the only option because you may be eligible to convert your Chapter 13 into a Chapter 7 filing.
Converting your case is typically a simple process. As your bankruptcy attorney, we will file a Notice of Conversion (usually you must pay a processing fee) and in most cases your filing will be converted by the court into a Chapter 7 within a few days.
Pursuant to 11 U.S.C. §341, a converted case must have a Chapter 7 trustee appointed to administer it. You will also have a new meeting of creditors scheduled. If the Chapter 13 trustee has any of your money being held, you will get it refunded to you.
When you convert your case, there are a few additional pleadings that must be filed in order to comply with the Chapter 7 process. For instance, as a Chapter 7 debtor you are required to file a Statement of Intent which informs the court and your creditors what you intend to do with the assets that have been pledged as collateral for secured loans. The most common options are to surrender, redeem or reaffirm the debt. You will also want to amend your schedules and statement of financial affairs. This is important because you will need to inform the court of any financial changes that occurred between the date you filed your Chapter 13 petition and the date you converted your case to a Chapter 7 case.
Once you have complied with the Chapter 7 requirements and had your meeting of creditors, in most typical cases it is only a few months before you receive your discharge of debt. For many debtors, the discharge eliminates the majority (if not all) of the debtor’s debt and provides him or her with a fresh financial start.
If you are currently in a Chapter 13 case and you are feeling overwhelmed by your plan payments, it is time to consider converting to a Chapter 7 filing. It is important to take action now, however, so your case is not dismissed by the bankruptcy court. To learn more, please contact us to schedule an initial consultation.
The attorneys at Fitzgerald & Campbell represent debtors all over the State of California in bankruptcy, debt settlement, collections harassment and credit card lawsuits. If you have a matter relating to a debt you owe, contact us today by calling (844) 431-3851 for a consultation.