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Converting to Ch 7

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  • Converting to Ch 7

    I filed ch 7 in June 2011, then filed ch 13 in August 2016. At what point can i convert this ch 13 to a ch 7, if even possible?

  • #2
    Chapter 7s can only be done every 7 or 8 years. If you don't have a Chapter 7 or one that's over 7 or 8, I do believe you can file for Chapter 7. Naturally you have to arrange this with the Trustee to end the Chapter 13.
    good luck

    Comment


    • #3
      It’s 8 years. June 2019 is when you can convert. Hopefully by then you’ll be back on track with your 13

      Comment


      • #4
        You certainly can convert your Chapter 7 but, unfortunately, conversion WILL NOT result in a Chapter 7 Discharge. You will need to DISMISS your Chapter 13 and, if you qualify, file a NEW bankruptcy under Chapter 7 once more than 8 years has passed from the filing date of the 2011 Chapter 7.

        I recommend that you consult with a local attorney before you do anything.

        Des.

        Comment


        • #5
          Good point. Chapter 13s are very complex and conversions or dismissals only make it more so.

          Comment


          • #6
            Originally posted by despritfreya View Post
            You certainly can convert your Chapter 7 but, unfortunately, conversion WILL NOT result in a Chapter 7 Discharge. You will need to DISMISS your Chapter 13 and, if you qualify, file a NEW bankruptcy under Chapter 7 once more than 8 years has passed from the filing date of the 2011 Chapter 7.

            I recommend that you consult with a local attorney before you do anything.

            Des.
            The above is incorrect info.

            Comment


            • #7
              Originally posted by craneman View Post
              The above is incorrect info.
              With all due respect but, having practiced for 30 years in Arizona I can only ask . . . what Code provision or case law are you looking at?

              Please note that 11 U.S.C. 727(a) states in part:

              The court shall grant the debtor a discharge, unless—. . .
              (8) the debtor has been granted a discharge under this section. . . in a case commenced within 8 years before the date of the filing of the petition. . .
              (Emphasis added.)

              Please further note that 11 U.S.C. 348(a) states, in part:

              Conversion of a case from a case under one chapter of this title to a case under another chapter of this title constitutes an order for relief under the chapter to which the case is converted BUT. . . does not effect a change in the date of the filing of the petition. . .
              (Emphasis added)

              Please cite to case law that supports your assertion that converting OP's 13 to a 7 is going to help her since the filing date of the case will not change - ergo the 8 years will not have passed.

              Des.

              Comment


              • #8
                craneman

                I went back to look at your posting history. Looks like you decided to convert rather than dismiss. You are in the 9th Cir., same as Arizona. I am telling you right now. . . if you get a Chapter 7 discharge, your discharge will have been entered by mistake and simply because you slipped through the cracks. I hope that happens. If it does, it will only happen because either the US Trustee or the Clerk of the Court failed to notice the prior Chapter 7 discharge.

                The following is a decent blog from an attny in Alabama about this issue:

                https://www.ryanbk.com/blog/2017/sep...-to-chapter-7/

                The first paragraph says it all:

                In some cases, it will make sense to consider converting a Chapter 13 case to a Case under Chapter 7. The first question that needs to be answered is whether you are eligible to proceed under Chapter 7 by converting your case. You must verify that it was over eight (8) years since the filing date of a prior Ch 7 ( where you received a Discharge) from the filing date of the Chapter 13 case. If it was less than eight (8) years, then you need to look at whether you can file a motion to dismiss the Chapter 13 and then file Chapter 7. Filing a new case will reset the bankruptcy "look-back" period which determines whether you can convert to or dismiss the Ch 13 and file under Chapter 7.
                I hope you are successful but I tend to doubt it - unless the powers that be are sleeping.

                Des.

                Comment


                • #9
                  Originally posted by despritfreya View Post
                  craneman

                  I went back to look at your posting history. Looks like you decided to convert rather than dismiss. You are in the 9th Cir., same as Arizona. I am telling you right now. . . if you get a Chapter 7 discharge, your discharge will have been entered by mistake and simply because you slipped through the cracks. I hope that happens. If it does, it will only happen because either the US Trustee or the Clerk of the Court failed to notice the prior Chapter 7 discharge.

                  The following is a decent blog from an attny in Alabama about this issue:

                  https://www.ryanbk.com/blog/2017/sep...-to-chapter-7/

                  The first paragraph says it all:



                  I hope you are successful but I tend to doubt it - unless the powers that be are sleeping.

                  Des.
                  Easily converted... My BK attorney is one of the top BK attorneys in my area. I'll take her advice over some internet "attorney".....

                  Comment


                  • #10
                    Originally posted by craneman View Post
                    My BK attorney is one of the top BK attorneys in my area......
                    I am not adverse to finding out I am wrong. Can you please ask your attny for the authority and post it? If I am wrong I will be the first to admit it. No "ego" here and, any verifiable information you can supply will help others - which is what this forum is about.

                    Des.

                    Comment


                    • #11
                      Originally posted by despritfreya View Post

                      I am not adverse to finding out I am wrong. Can you please ask your attny for the authority and post it? If I am wrong I will be the first to admit it. No "ego" here and, any verifiable information you can supply will help others - which is what this forum is about.

                      Des.
                      I'll be happy to get you that info once you provide me with a check for her hourly fee of $450.

                      Comment


                      • #12
                        Originally posted by craneman View Post

                        I'll be happy to get you that info once you provide me with a check for her hourly fee of $450.
                        So you're really not here to help...
                        Case Closed > 2/08/2010

                        Comment


                        • #13
                          Originally posted by craneman View Post
                          I'll be happy to get you that info once you provide me with a check for her hourly fee of $450.
                          Like I said, there are no egos here and while the above does not help others . . .

                          craneman

                          You filed a Chapter 7 on June 1, 2010. I assume you got a Discharge;
                          You filed a Chapter 13 on October 15, 2017 (less than 8 years);
                          You initially posted on December 19, 2017;
                          Presumably you converted on June 2, 2018 (the 8 year mark under your comments);
                          Your Chapter 7 341meeting would have been sometime around July 5, 2018; and
                          Based upon your comments, by now you should have gotten your Chapter 7 Discharge.

                          So, do you have your Chapter 7 Discharge? If not, why not? Please be honest. Your experiences will help others.

                          Des.

                          Comment

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