Can I convert to a 7?

[optimist]

While living in NY, I filed for ch 7 last September, the UST forced me into a 13 due to income and the fact that I was giving up my house and would no longer be able to use the mortgage payment in my means test. We had the 341 in NOvember and the new 13 trustee gave us a date of Feb 17 (I guess for the last date of filing claims?)...we've been paying 1500 month since nov.

My income has dropped somewhat dramatically and using the last 6 months of income would probably qualify for a ch 7. I'd rather do a 7.

What is the process? Do I have to wait 180 days to file ch 7? Can I convert it? Can I just back out? Do I stop paying and let the trustee dismiss it? I don't even think that my 13 is confirmed until the 17th of Feb. Does that affect things? If I abort the 13 do I get back the 3 payments of 1500 that I've paid since November?

To complicate things even more I now live in NJ and I'm sure the bk laws are different here...how does this factor in?

I know this is a lot, but can someone shed some light on these issues?

Thanks.

[woeisme]

Did you file pro se or with an attorney? Because these are definitely matters for your lawyer to answer, even if in a different state. You can try to convert, if you just moved will have to be under your old state's rules. You won't get back the $4500. Good luck.

[optimist]

thanks for the response. I have a call into my atty and am awaiting his reponse....I am thinking that at worst, I'll abort this ch 13 and refile for ch 7 in december. Hope it all works out. What a tough 18 months its been...