Converting to a 7 and new debt

[freeme0215]

I recently moved out of the state of Florida where I filed my Chapter 13.

I am 14 payments from completion of the chapter 13..BUT..I have acquired new debt, that being medical bills, HOA fees, Social security overpayment

I am wanting to convert to chapter 7, to include the new debt

1) Does Florida now allow HOA fees to be added to a BK?

2) Is there a means test required for a conversion?

3) Can I add SSDI overpayment debt to a Chapter 7?


One caveat.....I am in a chapter 13 for a lein strip with Wells Fargo(home equity loan) and I gave up the condo in the BK back in 2010 and it has been sold back to Fannie Mae just last month.

Thanks

[justbroke]

I am wanting to convert to chapter 7, to include the new debt

This is allowed under 11 USC 348.

1) Does Florida now allow HOA fees to be added to a BK?

Do you mean if you can add post-petition HOA dues/fees to a converted case? Yes, you can. However, even if the debt is dischargeable and is discharged, the HOA would retain its lien rights (in rem). You would need to file a motion to determine secured value and strip lien (in a Chapter 7 case), which is still allowed in Florida.

2) Is there a means test required for a conversion?

Yes. You will need to re-submit certain forms including Schedule I, J, and Form B22A (Means Test for Chapter 7). Additionally, you may need to update your creditors matrix, serve new creditors the notice of commencement of case, and other forms/schedules.

3) Can I add SSDI overpayment debt to a Chapter 7?

Unless it's fraud, you can list it as an unsecured debt and discharge this in the Chapter 7. I can't tell you whether the US Attorney will file an objection to discharge (of that specific debt), but you will need to keep that in mind.

One caveat.....I am in a chapter 13 for a lein strip with Wells Fargo(home equity loan) and I gave up the condo in the BK back in 2010 and it has been sold back to Fannie Mae just last month.

Should not be a problem as it is dischargeable.

[freeme0215]

Thank You...I do not think I will past the means test....have a better job....don't want to create waves...as Ch 13 done in 14 months