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In cchapter 13 wanting to go 7 Pro Se

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    In cchapter 13 wanting to go 7 Pro Se

    Hello I am currently in a chapter 13 case, and I have decided to go chapter 7. Can you please tell me what forms I need to file with the trustee. I am thinking I just need to file a motion to change chapters, and a motion to add a few creditors that was left out off the 13 case. I do not want to pay for attorney fee’s again so I am wanting to do this pro se
    Thanks for your help

    #2
    Are you sure you even qualify for a ch.7? What was your reason for filing ch.13? How long have you been in your ch.13?
    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
    0% payback to unsecured creditors, 56 payments down, 4 to go....

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      #3
      Yes, the questions momofthree has proposed are the ones you need to answer. The debtor cannot pick and choose when it comes to bankruptcy.

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        #4
        My monthly income has dropped a great deal, I dont even have the money too keep up the monthly 13 payments.

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          #5
          I have also passed the means test for chapter 7

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            #6
            Any ideals on what I need to do to convert my case, to a 7 Pro Se

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              #7
              Why not just have your 13 dismissed for non-payment, that will give you some time to get your ducks in a row and get ready for Ch. 7...

              My $0.02 only...

              Good luck.
              No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

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                #8
                From what I have read I will only have to oay $25.00 to convert my case to a 7 on the trustees web site the fee shows $25.00 if that is all I have to pay them I am wantong to do it now I so I will not have to pay another filing fee. But I am a Little scared about going pro se, I know I can do it just need a little guidance.

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                  #9
                  Update I filed a motion for convert, I also had to file a notice to remove my atterney from the cae. I hope have done everything right I will check Pacer this week to see, the only problem I had so far was with my first motion was marked void due to the face I had an atterney listed. The notice to remove the atterney is showing on pacer I pray that today my motion will be filed...

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                    #10
                    Originally posted by ranlaws View Post
                    Update I filed a motion for convert, I also had to file a notice to remove my atterney from the cae. I hope have done everything right I will check Pacer this week to see, the only problem I had so far was with my first motion was marked void due to the face I had an atterney listed. The notice to remove the atterney is showing on pacer I pray that today my motion will be filed...
                    I'm sorry that I missed this post! You probably should have filed a Notice of Conversion and not a Motion to Convert. They are different methods. Anyhow, I think you probably needed to deal with your attorney differently? Just because a paper is showing on the docket, doesn't mean the court approved it.

                    What's really going on? I must have missed a bunch!
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog

                    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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                      #11
                      Justbroke how should I have handled the attorney? I am scared that my 7 will go up in smoke...
                      Last edited by ranlaws; 05-25-2011, 08:47 PM.

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                        #12
                        Originally posted by ranlaws View Post
                        Justbroke how should I have handled the attorney? I am scared that my 7 will go up in smoke...
                        I just think that because you were ditching your attorney at the same time, the Judge may have scheduled a hearing. However, this most likely should have been done by notice only (no hearing). However, I don't know your case details. At this point, just attend the hearing. Do you know if the hearing is evidentiary?
                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog

                        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                        Comment


                          #13
                          The letter did not state it was evidentiary or not, so I have no clue.

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                            #14
                            Originally posted by ranlaws View Post
                            The letter did not state it was evidentiary or not, so I have no clue.
                            Just be prepared. It should really be nothing. The Judge may want to ask you about your attorney. The Judge is almost always interested in the case when the debtor dumps the attorney, continues the case pro se, and converts... all at the same time! (Or, at least the Judge should take notice.)
                            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                            Status: (Auto) Discharged and Closed! 5/10
                            Visit My BKForum Blog: justbroke's Blog

                            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                            Comment


                              #15
                              This is what the letter said

                              NOTICE OF HEARING
                              PLEASE TAKE NOTICE that a hearing will be held
                              June 15, 2011 at 10:00 AM in Courtroom 342, Rome to consider and act upon the following:
                              Pro Se Motion to convert case from Chapter 13 to Chapter 7

                              Comment

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