question on conversion...

[bkrelief22]

I'm asking for a relative...they filed ch13 in June 08...then the wife quit her job..husband can't work due to medical issues...they were behind in ch 13 payments...ch 13 was dismissed in June 09...they intend to file ch 7...just wondered what all this means. They were not current on the mortage payments or ch 13. Any advise is appreciated. When can you file ch7? Is it 6 months after 13 is dismissed? I wonder how she can quit her job to file ch 7.

Thanks everyone,
bk22

[rrockinggramma]

they can file chapter 7 anytime since they didn't receive a discharge from the chapter 13. However if their house is not current it won't save it. Sounds like they are walking away from everything?

[bkrelief22]

Thanks Grandma...appreciate it. That's kinda what I thought although I thought they had to wait 6 months after dismissal.

bk22

[lrprn]

The most sensible thing for your relative to do would have been to convert their Ch 13 plan to Ch 7 using hardship as the reason before their 13 was dismissed. But what's done is done.