Want to convert to chapter 7

[fournee1]

Only been in chapter 13 for 6 weeks, but I want to convert to chapter 7. I called the atty, and spoke with someone and told him I wanted to convert and I wanted to know if I could keep my car. I only owe 3500.00 on the car. The car was reaffirmed with chap 13. The guy asked me why did I want to convert since its only been a few weeks, and why didn't I do chapter 7 in the beginning and if my finances changed. I told him, nothing changed and I didnt do chapter 7 in the beginning because I did not have enough money to file a 7, heck 13 was cheaper and I needed to stop garnishment asap. I am paying 390.00 a month now, and i just want to clean my entire debt. Its been 4 days and no one called me to give me info as to if I can convert. I did the ratio calculator and I do qualify for chap 7 and I want to keep my car. Do lawyers get upset when you want to convert?

[newbie2]

You really need a face to face appointment with your attorney. (BTW, a chapter 13 isn't cheaper than a 7. In the long run you'll be paying much more money!)

[fournee1]

Thank you. You are right about paying more in the long run, I just didn't have the money up front

[justbroke]

Well, you probably need to pay your attorney to convert. Additionally, even fees that the attorney "earned" on the Chapter 13, which were "included in the Plan", may become due and immediately payable! (Many people don't realize that the attorney fees are placed into the Plan and you repay the attorney through the plan.) Yes, if the attorney earned fees that haven't been paid yet, they are entitled to them.

Please have a face-to-face with your attorney and discuss your options and the actual cost to convert.

[mountanddo]

When I met with my attorney today she told me that I couldn't convert my chapter 13 if I decide to go that way when I'm eligible for a Chapter 7. (I filed Chapter 7 about 7 years ago and can't file again until September 2012. If nothing has changed I think you might have a bit of a struggle converting. I'm guessing you'll have to pay the attorney fees in full for the Chapter 13 AND then the fees for the Chapter 7. Did you come into a windfall all of a sudden and now you have the money for the attorney fees upfront? It might be a matter of the bankrupcy court not allowing it not your attorney. *Disclaimer...I know nothing that I speak about! Just speculating.