Converting to a 7 after 13?

[jandrl2001]

I have seen several mentions of people in 13 who lost job, can't keep pyments up to trustee , etc. and they just convert to a 7.

My question is my lawyer told me the only way i could ever convert a 13 to a 7 is if i qualified for one in the first place, i.e. the day i filed for the 13. Just wondering if they are wrong or if i am missing something in the posts.

[HHM]

Yes, your attorney is wrong, or you misunderstood what your attorney said.

If your situation changes during a chapter 13 plan such that you would then qualify for a chapter 7, then you can convert to a 7.

[jandrl2001]

ok, thanks i will talk to her again but she definitely disputes that

[AngelinaCatHub]

Yes, your attorney is wrong, or you misunderstood what your attorney said.

If your situation changes during a chapter 13 plan such that you would then qualify for a chapter 7, then you can convert to a 7.

HHM is right and I was working on my C13 with my lawyer, when DW lost her job. Although we had not filed yet, the C7 went on. Now no one has had more trouble than we, I think, but you definatley can go 7 if you qualify. Fire the attorney or insist she proceed. Either, she is wrong or she does not want you change her method. Remember, lawyers work for themselves not for you. 'Hub

[casdem1]

I just posted this on another question:
We filed a chapter 13 in July to save house and our confirmation date was delayed until October. During the month of September, my husband had to take early retirement due to his health. His income dropped from $2400 per month to $650. We just converted to a chapter 7 and we go to court at the end of November. Our lawyer said we did not have to wait the six months with a lower income. I guess he filed some type of 'change of circumstance' or something. We have also decided to give up the house because of the high interest rate (12%). I am worried about the 6 month rule, but our lawyer seems to know what he is doing...

[HHM]

I just posted this on another question:
We filed a chapter 13 in July to save house and our confirmation date was delayed until October. During the month of September, my husband had to take early retirement due to his health. His income dropped from $2400 per month to $650. We just converted to a chapter 7 and we go to court at the end of November. Our lawyer said we did not have to wait the six months with a lower income. I guess he filed some type of 'change of circumstance' or something. We have also decided to give up the house because of the high interest rate (12%). I am worried about the 6 month rule, but our lawyer seems to know what he is doing...

The reason the 6 month rule is not an issue is that the means test only applies at the "initial" filing of your case. A conversion is not an initial filing (when you convert, your date of filing relates back to the date you filed your chapter 13), so you merely need to identify your changed circumstances and qualify at that point in time.

[jandrl2001]

Maybe i should just cut my losses and find another lawyer around here who might know what they are doing? The only thing is i already paid 500 and don't know how i would add that extra to pay the full fee for a 7, grrr. If i had caught this forum earlier, before i retained lawyer, i would have been so much better off!