Converting a 13 to 7

[deanrusk]

If you file Ch 13 under the existing law,then later on you encounter problems.Will you be able to file for chapter 7 or 13 again without going though 6 months of credit counciling?

[hhou812hh]

If you file Ch 13 under the existing law,then later on you encounter problems.Will you be able to file for chapter 7 or 13 again without going though 6 months of credit counciling?

Not sure of the answer but you must take an approved credit counciling course within 6 months prior to filing. You don't need to be in cr.cng. for 6 months. Credit counciling will work out for some people, but not for others so there's no obligation to sign up with them if it won't do you any good.

[deanrusk]

I was told that if you file under the old law that you could file another CH 13 or CH 7 at anytime without credit counciling.I was just tring to get some feedback.Can anyone confirm this?

[HHM]

I don't know. Sorry.

Without actually looking it up, I honestly think its 50/50. On the one hand, your original chapter 13 filing was under the old law and therefore your date of filing is that date, and therefore, any conversion, since the conversion relates back to the original date of filing, you should be able to convert to a chatper 7 under the old law.
On the other hand, when you convert, a "new" order for relief under chapter 7 is granted when you request conversion, as such, if it occurs after Oct 17, then arguably, the chapter 7 would fall under the new law.

For those few attorneys that are still going to practice BK under the new law, I would direct this question to them.

[StaciMM]

And with all the changes to the BK laws, the rush on BK filers now AND trying to prepare for what is to come, it may not be easy to get an answer even from them!

The best to ask will probably be the court clerks. They seem to have all the procedural info down, though they may not have gotten to this question quite yet.

For those few attorneys that are still going to practice BK under the new law, I would direct this question to them.