ch 13 to ch 7

[shantaa]

I am 17 months into my ch 13 plan (old law). My plan is for $20,000 for 36 months. The reason I filed was because my car was repo, other than that my lawyer stated no need to file with little debts I had, which total over $4000. I was able to get my car back because I filed 2 days after the car was taken.......My plan is $500 a month, more than what my car payment was. THis amount is kicking my behind. If I switch to ch 7, do I still keep my car?

[lrprn]

Some questions first, shantaa....I'm trying to understand how can you switch to a Ch 7 now if you had to file a 13 before? Is your gross income under or over your state's median income? Did you file 13 alone? Has something changed in your life during the last 17 months (income drop, medical debt, etc)? Have you considered asking your lawyer to file a modified Ch 13 plan to see if your payments can be reduced? Are you behind on payments to your trustee?

Not being judgmental - just trying to get information that will help us figure out what can be done (if anything) to help you.

[shantaa]

Im not behind because the payments are taken out from my pay (garnishment). I filed alone and my expenses has increased since I filed. i moved to another state so my rent, medical and car insurance increased.........I did not speak to my lawyer about refinancing. I will look into that.....

[Bankruptcyguy]

You can convert to a Chapter 7. THe median is irrelevant becase you are under the old law. You will probably lose your car becuase when you convert your car will be contractually past due. The only way to convert and keep your car is to try to redeem it by refinancing it with 722.