How hard is it to convert a chapter 13 to chapter 7 without a attorney??

[moorman]

Im behind on my plan payments. if my attorney cant negotiate a repayment plan that i can deal with, im thinking about converting to a chapter 7. the problem is, i owe my attorney more than any other creditor. ( i originally filed to get rid of a large judgement from a auto loan default). i dont have money to pay the balance of my attorney fee, so he might not wanna convert for me. if he doesnt, i know i would have to have him removed from the case and file a notice of conversion with the court and any fee and amended schedules. doesn anyone know what schedules, etc. have to be amended or any other forms that are necessary? i know MOST of whats in the 13 carries over, but if there is any change in creditors, income, etc. they have to be amended.

im in georgia.

[justbroke]

That is not an easy question to answer without many other parameters of the specific case! What type of property is in the Chapter 13? If you convert, will you be in arrears? Was there a lien strip involved? What do you want to do with any property that is in arrears? Did you acquire any new property during the Chapter 13? Are you converting because a Relief from Stay was filed.

Additionally, you'll have to follow the customs and procedures for your District. If it's an income issue, then you may need to seek a forbearance first. if you qualified for a Chapter 7 to being with, you may be able to convert by notice (no hearing).

These are procedural things and have so many questions behind them.

[moorman]

That is not an easy question to answer without many other parameters of the specific case! What type of property is in the Chapter 13? If you convert, will you be in arrears? Was there a lien strip involved? What do you want to do with any property that is in arrears? Did you acquire any new property during the Chapter 13? Are you converting because a Relief from Stay was filed.

Additionally, you'll have to follow the customs and procedures for your District. If it's an income issue, then you may need to seek a forbearance first. if you qualified for a Chapter 7 to being with, you may be able to convert by notice (no hearing).

These are procedural things and have so many questions behind them.

1. only property in the chapter 13 is a vehicle. im gonna surrender it.

2. there was a judgment for a auto loan repo balance. it was stripped during the chapter 13.

3. no new property acquired during the chapter 13.

4. i want to convert because i cant make the payments. no relief from stay involved.

5. i wouldve qualified for a chapter 7 when i did the chapter 13.

[justbroke]

Sounds like a simple case on the surface. The key will be the procedure in your specific District. The major thing is whether you need to file a new Means Test (on Form B22-A -- the one for Chapter 7s) and/or new Schedules I and J.

You also get to include any new debt (11 USC 348(d)) that you acquired between filing the Chapter 13 and the conversion.

The attorney fees could be an issue and determined to be non-dischargeable.

The specific schedules depends on specific local requirements. You would pay the conversion fee (the difference between a 13 and a 7) and file the appropriate updated schedules along with a Statement of Intentions.

[moorman]

Sounds like a simple case on the surface. The key will be the procedure in your specific District. The major thing is whether you need to file a new Means Test (on Form B22-A -- the one for Chapter 7s) and/or new Schedules I and J.

You also get to include any new debt (11 USC 348(d)) that you acquired between filing the Chapter 13 and the conversion.

The attorney fees could be an issue and determined to be non-dischargeable.

The specific schedules depends on specific local requirements. You would pay the conversion fee (the difference between a 13 and a 7) and file the appropriate updated schedules along with a Statement of Intentions.

thats pretty straightforward and about what i thought i would need to do. questions:

1. why wouldnt my attorney fees be dischargeable in a chapter 7 conversion??

2. would any new debt incurred by included on schedule f.....?

3. i have irs taxes that were eligible for discharge in my chapter 13, but for some reason, my attorney wanted to include them. can i amend and add them to schedule f..?

4. lastly, for any new debt, how do i get the address to the creditor if its not on my credit report? ( i know it seems a stupid question)

[justbroke]

1. why wouldnt my attorney fees be dischargeable in a chapter 7 conversion??

Too many legal questions for me and whether the fees charge pre-petition are an administrative charge and non-dischargeable.

2. would any new debt incurred by included on schedule f.....?

It depends on what type of debt. If it is general unsecured, without priority, then t goes on Schedule F.

3. i have irs taxes that were eligible for discharge in my chapter 13, but for some reason, my attorney wanted to include them. can i amend and add them to schedule f..?

You can amend the Schedule but the test is whether they were dischargeable on the date you filed the Chapter 13. That's the 3/240/2 rule. The IRS is actually VERY good about discharging taxes in most cases.

4. lastly, for any new debt, how do i get the address to the creditor if its not on my credit report? ( i know it seems a stupid question)

If you incurred debt from a creditor, you should know the address. I don't mean to be coy, but how would you incur debt from a creditor you don't know???

[moorman]

Too many legal questions for me and whether the fees charge pre-petition are an administrative charge and non-dischargeable.

It depends on what type of debt. If it is general unsecured, without priority, then t goes on Schedule F.

You can amend the Schedule but the test is whether they were dischargeable on the date you filed the Chapter 13. That's the 3/240/2 rule. The IRS is actually VERY good about discharging taxes in most cases.

If you incurred debt from a creditor, you should know the address. I don't mean to be coy, but how would you incur debt from a creditor you don't know???

thanx for the response. what i meant is i didnt know if there were SPECIFIC addresses that creditors use for bankrutpcy claims, or just send it to the address that they bill you from. no big deal either way. ill find out where to send the notices.

[justbroke]

Notify creditors on any address for correspondence or even the address for bills. That is considered actual notice. Most sophisticated creditors received electronic notice anyhow.

[moorman]

Notify creditors on any address for correspondence or even the address for bills. That is considered actual notice. Most sophisticated creditors received electronic notice anyhow.

thanx for the response. i didnt know that..

[AngelinaCat]

The older debts get sold to Junk Debt Buyers (JDB), and they change hands often. You aren't expected to keep up with all of that. As JB said, use your original account number, and the address for the creditor that you sent your payments to.