Can I convert from Chap 13 to 7 without the help of attorney?

[bigstick]

You may have seen my earlier post about my attorney that I just can't deal with.

Has anyone filed to convert from Chap 13 to 7 on their own (Pro Se?)

My pay has changed and expenses have increased. I've ran thru the means test and I'm well within the Chap 7 guidelines now. I just need to figure out what to do to convert. Every two weeks I have more money coming out of my paycheck to pay for Chap 13 payments and I want to get moving so I can stop that!

Thanks for the help.

[justbroke]

While it's technically possible, there are some technicalities as well. You'd need to get a motion to remove counsel and proceed in pro per (pro se). Whether you should do a Chapter 13 to Chapter 7 conversion on your own is a little different.

The key is whether you qualify for the Chapter 7 to start with. Also, you need to understand whether your District or Circuit (Court of Appeals) has caselaw on whether a new Means Test is required. Additionally, whether the Means Test would still be based on your actual filing date, and not the conversion date! These are very important.

You have an absolute one-time right under 11 USC 1307(a) to convert. The question is whether you are entitled to a discharge. You can do this simply by notice (no hearing)! However, you must swear that you are entitled to discharge, have never converted the case before, and have filed in good faith (both the original case and the notice of conversion). This shouldn't be used to attempt to get around a Motion for Relief from Stay (MRFS) because that will just make it look like bad faith anyhow. (Not that anyone may complain.) Also, conversion does not start a "new" stay anyhow. Any creditor that received relief, still has such relief.

In some cases, it's better to let the Chapter 13 fail (Trustee initiated dismissal), and then to refile as a Chapter 7.

How it will work for you is all about strategy, caselaw, and finesse.

What I suggest? Contact your attorney and setup an appointment. Show them the issues. Have your payments suspended for several months. If that doesn't work, try changing your Chapter 13 payments. If that doesn't work, convert. In actuality, that's the process in most Districts anyhow.

[bigstick]

Sounds good, but I can't get my attorney to return my calls or emails!!! Supposedly he had contacted the US trustee's office to see what they would require and they said they just needed the means test re-run. I'm guessing I could contact them directly to see if they can point me in the right direction?

My payments come directly out of my pay check so I dont' think there is a way that I can just stop them?

[tcreegan]

Hi bigstick,

No help on the conversion, but just a heads-up that the UST may not want to talk to you, only with your attorney. Seen posts on that before. You might need that motion to boot my attorney first.

As far as the payments, have you asked payroll to stop the payments? Doesn't seem like it would work, but you can always ask, right?

Good luck with it,

Tom in Colo

[momofthree]

Have you tried making an appt with the attorney? If you can't get a hold of anyone in his office to even make an appointment, I would walk into the office. He'll have a hard time ignoring you when you're standing in front of him, lol.