chapter 13 conversion to chap 7

[glc4122]

has anyone in the forum converted from chapter 13 to chapter 7 in ohio or another state. what are the rules and time frame being in chapter 13? i would like to hear from you.

[glc4122]

no one had any experience in my question?

[AngelinaCatHub]

Hang in there glc. It is Sunday and people are out doing what they do.

We were filing for 13 until my wife lost her job. We did not exactly convert, we just changed our filing. We never made a 13 file only a 7. I had so many problems and should have been dismissed but my Trustee was kind and let me pay through some errors I made. I wish you well. 'Hub

Merry Chrismas

[2kaus]

I had a similar question since I am about to lose my job and my wife and I will only be supported by her teacher's salary. Hope someone is able to give some sense of direction. Thanks!

[TiredOfItAll]

I just now saw your post. Hubby and I are in Ohio and we converted to a 7 from a 13. Not sure of the time frames. I don't know that it matters on the time frame, only that you qualify for the 7. We were a little over a year into our 13 when we converted to 7 this past September. We qualified income wise for the 7 when we intially filed but wished to try and save our home. After a year of chapter 13 payments and lower income on my part, we decided we were holding onto a house that we didn't really love, was needing work with no money to do the work, so why bother. We had our chapter 7 341 on November 5th and will be discharged on January 5th. We had to pay a $25 conversion fee and that was it. It really was a piece of cake. I had nightmares about the trustee asking us why we couldn't make the 13 work, but it really was nothing. He didn't even blink an eye at our conversion and didn't ask us anything different than he asked anyone else. We won't even lose this upcoming years tax return as the trustee would have been entitled to last years, and it of course has been spent. All in all it was a good experience. We found a really nice rental home right after we converted in September, even though we could have stayed in our home. The courts just now lifted the stay for the mortgage company to proceed with foreclosure. We didn't want to wait, though and are very happy where we are at. We are in the southeast district of Ohio, also, if that helps. Let me know if there is anything else you would like to know and good luck to you.

[chakra7]

We had to pay a $25 conversion fee and that was it.

Was this stated correctly - a $25 conversion fee
????

My attorney states that I have to pay $700 to convert from a 13 to a 7 and I already have negative disposable income!

Please advise as to how your fee to convert came about.

[justbroke]

Was this stated correctly - a $25 conversion fee
????

My attorney states that I have to pay $700 to convert from a 13 to a 7 and I already have negative disposable income!

Please advise as to how your fee to convert came about.

The actual fee to convert a case from a Chapter 13 to a Chapter 7, is the difference between filing a Chapter 13 ($274) and a Chapter 7 ($299). Hence the $25.00.

What the attorney is telling you is that HIS fee will increase. Which is normal as Chapter 13s even though they take more money than a Chapter 7, will cost additional money above what you paid for a Chapter 13.

The key is, asking for a billing statement to date, and see how much of the contingency he ate through. If he spent it all, then you will owe him a new contingency or an hourly rate to convert the case.

[chakra7]

The actual fee to convert a case from a Chapter 13 to a Chapter 7, is the difference between filing a Chapter 13 ($274) and a Chapter 7 ($299). Hence the $25.00.

What the attorney is telling you is that HIS fee will increase. Which is normal as Chapter 13s tend to take more time from an Attorney than a Chapter 7.

HUH???

I'm already in a 13 and have been since 2006. My attorney's fee was $3,000 which has already been paid thru the plan. I may have to convert to a 7 and was told by him it would cost an additional $700. Since I'm in a 13 and would convert to a 7, how would it take more time for the attorney to do so?

I think you misunderstood my question - I'm not trying to go to a 13 but go from a 13 to a 7 - how does your last sentence apply - not understanding.

[justbroke]

I'm already in a 13 and have been since 2006. My attorney's fee was $3,000 which has already been paid thru the plan. I may have to convert to a 7 and was told by him it would cost an additional $700. Since I'm in a 13 and would convert to a 7, how would it take more time for the attorney to do so?

My first part is accurate. It costs $25.00 to convert from a Chapter 13 to a Chapter 7.

I think you misunderstood my question - I'm not trying to go to a 13 but go from a 13 to a 7 - how does your last sentence apply - not understanding.

(While I'll edit my response above...)

Yes, I mistyped a little. While your lawyer did set you up with a Chapter 13, which costs more money than a Chapter 7 to setup... he will incur additional fees and time to convert the case.

Again, the actual costs, to the Court, to convert from a Chapter 13 to a Chapter is $25.00. Anything else, is lawyer fees.

[Nicollette]

I just now saw your post. Hubby and I are in Ohio and we converted to a 7 from a 13. Not sure of the time frames. I don't know that it matters on the time frame, only that you qualify for the 7. We were a little over a year into our 13 when we converted to 7 this past September. We qualified income wise for the 7 when we intially filed but wished to try and save our home. After a year of chapter 13 payments and lower income on my part, we decided we were holding onto a house that we didn't really love, was needing work with no money to do the work, so why bother. We had our chapter 7 341 on November 5th and will be discharged on January 5th. We had to pay a $25 conversion fee and that was it. It really was a piece of cake. I had nightmares about the trustee asking us why we couldn't make the 13 work, but it really was nothing. He didn't even blink an eye at our conversion and didn't ask us anything different than he asked anyone else. We won't even lose this upcoming years tax return as the trustee would have been entitled to last years, and it of course has been spent. All in all it was a good experience. We found a really nice rental home right after we converted in September, even though we could have stayed in our home. The courts just now lifted the stay for the mortgage company to proceed with foreclosure. We didn't want to wait, though and are very happy where we are at. We are in the southeast district of Ohio, also, if that helps. Let me know if there is anything else you would like to know and good luck to you.

I have a strong feeling that I might be converting to a 7 sometime in 2009. Things aren't looking so good at my workplace. BTW, I'm in the Southeasten District of Ohio also. If I do have to convert, I hope I only have to pay the $25 conversion fee also.

[justbroke]

I have a strong feeling that I might be converting to a 7 sometime in 2009. Things aren't looking so good at my workplace. BTW, I'm in the Southeasten District of Ohio also. If I do have to convert, I hope I only have to pay the $25 conversion fee also.

The key is... will you incur more legal (lawyer) fees.

The $25 is nothing compared to what a lawyer may charge you to convert.

[Nicollette]

The key is... will you incur more legal (lawyer) fees.

The $25 is nothing compared to what a lawyer may charge you to convert.

Your right. I mentioned my situation to the paralegal at my attorney's office about possibly having to convert sometime in 2009, and she told me that in some cases, the attorney wants the case to dismiss first and then turn around and file the 7. I don't know if it is because it's easier to do or what, but that is what she told me. Maybe it's the fact of the fees. I just thought of something, if the attorney wants the case to dismiss first, isn't there a six month waiting period before I could turn around and file the 7?

[TiredOfItAll]

We have a really good attorney, who is apparently also not greedy. We only had to pay the $25 conversion fee and not a penny more than we had already paid. Our fees for the chapter 13 were paid through our plan and at the time we converted they had already been paid in full. He did not charge us anything else.....no other attorney fees. I am sure each attorney has different policies. We have been very fortunate. Anway, that was our experience.

[glc4122]

cha[pter 13 to chapter 7 conversion

thanks for the reply everyone

[Carter]

Does anyone know how it looks on your credit report when you convert from a 13 to a 7? Does it show as if you filed twice thus putting further dings on your credit? Or does it appear that you filed still just the once?