Chapter 13 conversion to chapter 7

[EmmaH]

I filed my chapter 13 in October of 2004. As part of my divorce settlement (my ex is in prison), I have to sell our marital home - which is fine because I've since moved out and in with my boyfriend in December of last year. Here's the tricky issue. The house is in contract pending the home inspection. Well that was done today and in order to sell this place, I have to make MAJOR repairs that will cost a LOT of money, I'm sure (roof, electrical panel, furnace, mold, etc.). What are my options at this point? I am seriously thinking of trying to convert my chapter 13 to a 7 and be done with it all (he's not included in the 13 because he had no income at the time I filed). However, it's difficult for me to do this because I've been trying to rebuild my credit for three years now and this would surely put it right back where it was before I filed. I also have a car included in my 13 but I could care less about it because it's a piece of crap. That's pretty much it - the house (2 mortgages), a car, a lien on the house (thanks to the ex husband's bad check), and a phone bill. As you can probably guess, the only reason I filed in the first place was to save the house that I'm now about to get rid of.

Does anyone have any suggestions? Am I even allowed since the laws have changed since I filed?

[lrprn]

Since you filed your Ch 13 under the old law, if you convert to Ch 7, that will be under the old law too.

Which state are you in, Emma? How much income do you have from the last six months? With 2 mortgages, do you have equity in the house? Are you saying you want to give up both the house and the car if you convert to Ch 7?

[EmmaH]

I live in Columbus, OH. My last six months income is approximately $19,293. I have 3 kids - one of which just turned 18 in July though. My mortgages total around $70K. I seriously doubt there is much equity in a house that needs so much repair. I can't remember what it appraised at when I filed for chapter 13. Yes, I would gladly give up both the house and the car. I don't live in the house anymore, haven't for nearly a year and the car has a lot of mileage on it.