Filed 13 want to switch to 7

Can I do this???? I filed for 13 a year and a half ago and now have found that it was the wrong thing to do....I should have filed for 7....

Yes you can! You just need to prove that you're still in severe debt under your Chp 13 repayment plan. Your attorney/you just needs to file the appropriate conversion petition to the trustee.

Good Luck! :)

I converted my 13 to a 7 two months after filing because of second thoughts. Everything is going well in my case, and I'm looking forward to discharge soon.

So long as you are eligible for a 7, it should be no problem. There's no court hearing about the conversion, either. All you do is file the conversion pleadings with the court, serve them, and that's it. (Luckily I had a lawyer who did all the busy work for me...but he did want me to pay him off - I was going to pay him through the plan.)

You do have to go through another 341 - this time with the 7 trustee. He'll ask you the reason for the conversion. Just tell the truth - my 7 trustee summarized what I said at the 341 (when he asked) as "second thoughts" and gave me no grief about it.

Once you convert, though, you can't go back.

Same here, I was in Ch13 due to working 2 full time jobs, after much thought, it was just easier to quit one job rather than commit myself to paying anything back over the next 5 years and working 80 hours a week! One 341 meeting for Ch7. Reason I gave for conversion was I couldn't hold 2 full time jobs, made the Trustee laugh, "THATS reason enough!" Now I'm just counting down the days to January 8th!

Good Luck, Catchmeifyoucan

And if you filed under old law, old law will apply to your Chapter 7 - not new law!

Old Thread. Old Law.

Please note the date of the original post.

4-6-2004

If this person were gonna make a change, it's all said and done by now.