Can I convert a chapter 13 into a chapter 7?

[mark3413]

I have a confirmation hearing in 2 weeks, but instead of the confirmation hearing, it's changed to a hearing by the trustee on a motion to dismiss the case.Do I have time to convert it to chapter 7

[SinkingFast]

You'll really need to give more info for informed opinions.

Do you have sufficient income to file for a Ch 13? If you aren't working, or your hours/pay has been significantly reduced, that could be why the Trustee is filing to dismiss. If you don't make enough money, the Trustee cannot in good faith confirm your Ch 13 repayment plan.

Did you qualify for a Ch 7 and went 13 to save some sort of asset?? House?? Car??

What type of problem is the Trustee having with your proposed Ch 13 plan??

[mark3413]

Here isCan I convert a chapter 13 into a chapter 7 UPDATED

The trustee recommends the caes be denied for these reasons.
1 Plan has not been proposed in good faith,as the plan payments are not to be made by PRD. 2.The schedules filed in the case are inaccurate,or incomplete, and a determination whether the plan as proposed meets the standards for confirmayion cannot be made. 3.

[aa06a47]

What is "PRD"? You can fix the schedules, do you know which ones are inaccurate or incomplete? Do you have a lawyer? It sounds to me like you either need a lawyer or legal aid of some sort. If you convert to a chapter 7, the schdules are pretty much the same, if not exactly the same, and they will have to be accurate and complete.

If you can file a 7, you should have done that the first time. Sounds like you might have tried to tackle something here on your own that you needed some help on.

[SinkingFast]

Could PRD be Pay Roll Demand??

Did you refuse automatic withdrawal of the plan payments from you pay??

Aa is right. Schedules and such will be pretty much the same if you file 7 or 13. What ever is inaccurate now would just carry over if you don't get it fixed.

Did you file Pro Se? If so, you need some help to straighten things out.

Generally, you only get a max of 45 days to correct the errors and resubmit the paperwork before your case gets dismissed. When a BK gets dismissed, you loose the protection of the automatic stay. Creditors will come at you fast and furious. You need to be prepared for that.

[alh]

I'll throw in a guess on PRD. Is it maybe "person recieving discharge?"

[SinkingFast]

I'll throw in a guess on PRD. Is it maybe "person recieving discharge?"

That would throw quite a twist on things, ALH.

I can see why a Trustee would not confirm a plan where the person receiving the discharge won't be making the plan payments.

[anonymuse]

I'm googling PRD bankruptcy and not having much luck:
Polaroid, Puerto Rico District, Political Reform Division, Democratic Revolutionary Party

Sorry, not having any luck.

[danas15146]

Payroll Deduction maybe?

[mark3413]

Trustee motion to dismiss case, and deny confirmation.

I contacted my lawyer, and they got it straightened out. The 3 problems were 1. Address was wrong 2. Year of vehicle listed as 1998, and was actually a 1999, and problem 3. The trustee wanted payroll deduction instead of me sending in the payments. We objected to the payroll deduction because of the lady at work that does payroll, sometimes screws everything up.I wanted to be responsible for sending in the monthly payment. She said I could do that and would tell the trustee, but if I ever missed a payment, they would MAKE ME do a payroll deduction.I thought that was fair enough.We are under the median income, and probably should have went with chapter 7, but the attorney told me that if I started struggling with making the chapter 13 work, I could change to chapter 7 anytime.Hopefully everythimg will be fine with chapter 13 though.

[aa06a47]

I contacted my lawyer, and they got it straightened out. The 3 problems were 1. Address was wrong 2. Year of vehicle listed as 1998, and was actually a 1999, and problem 3. The trustee wanted payroll deduction instead of me sending in the payments. We objected to the payroll deduction because of the lady at work that does payroll, sometimes screws everything up.I wanted to be responsible for sending in the monthly payment. She said I could do that and would tell the trustee, but if I ever missed a payment, they would MAKE ME do a payroll deduction.I thought that was fair enough.We are under the median income, and probably should have went with chapter 7, but the attorney told me that if I started struggling with making the chapter 13 work, I could change to chapter 7 anytime.Hopefully everythimg will be fine with chapter 13 though.

Glad things got straightenend out.

What made you go to a Chapter 13 under the med income?

[mark3413]

I felt an obligation to pay as much as I could back since I owed the debt. If I had it to do over, I would have done Chapter 7 to begin with.