Advice on switching to Chaper 7 needed...

[casdem1]

I have filed but not been confirmed in chapter 13 and am wanting to be dismissed and file chapter 7. I need to be dismissed, because trustee is holding almost $7000 of plan payments and I would like it back. Attorney says we will just not show up at confirmation hearing and we will be dismissed, money will be returned, and then we can file a chapter 7. I am worried about the automatic stay being lifted and how long before we can file chapter 7. We are doing this because my husband can no longer work due to health problems. We are also giving up the house and cars. This will be a completely new start. However, I cannot have a work garnishment and I am afraid of the wait time to file chapter 7. Does anyone know how long before we can file chapter 7 and how aggressive cc companies will be after stay is lifted? Thanks for your advice......

[rrockinggramma]

why not convert? That 7000 you have paid into the plan already is a known fact to the trustee and he will definitely let the other trustee know (chapter 7) that you have it. So it is probably gone now anyway, no matter what. So I would just go ahead and convert now if you can.