How late can I voluntarily stop my Chp 7?

[bkfiler]

they can convert if you want to for whatever reason they wish. its their choice. they file the motion and see what the trustee does.

its not fraud. its not jail time. lol - funny though.

if you dont lie then no you aint going to jail, obvivously, etc, etc, etc.

[bkfiler]

Bad advice! You do not have an automatic right to convert to a Chapter 13. You must convert to a 13 in good faith. When you file a Chapter 7 you have no disposable income, and when you convert to a 13 you have disposable income, so be ready to explain where the sudden income has come from. In addition purposefully converting to a 13, just to avoid a trustee liquidation, and then purposefully allowing your case to get dismissed is BAD FAITH. So taking the advice above is very dangerous. Which is why you should talk to an attorney.

and if you want to make stuff up to support your claim, try to do it before we all explain what we say. for example, here you didnt metion anything about skipping payments. if that was your concern then why not brin git up then. instead of now, after it was explained to you that income, etc, etc, could be dealt with.

we advised them to talk to an attorney. they understand that. what we are telling them is what we know from attorneys mouths directly about the subject. what do you think about that?

[bkfiler]

i know, i know, let me guess. bad attorney. you want him jailed now to.

[bkfiler]

Book 2004:

"You have the absolute right to convert a Chapter 7 bankruptcy case into a Chapter 13 bankruptcy case at any time, as long as you did not previously convert this case to Chapter 13 bankruptcy from Chapter 7 bankruptcy."

bad book. im putting this book in jail. its fraud!

[KeepHopeAlive]

Update: Trying to Convert from 7 to 13

The more I learn about this BK process, the more I am in agreement with what JimH indicated, i.e. that my attorney should have advised me to file Chp 13 in the first place. Following is a verbatim exerpt from a phone conversation I had with my attorney a few weeks back... keep in mind that this conversation occured AFTER I have made it clear to him SEVERAL times that I wanted to convert to Chp 13...

Conversation
-------------
Me: So what is the purpose of people filing Chp 13?

Attorney: Well, Chp 13 is for people who want to KEEP there assets.

Me: (DUH!) That's what I have been telling you from the beginning. I wanted to file BK on my personal debts, without affecting my business. I didn't sign up to just have the trustee take over my properties and my business...
--------------

My attorney FINALLY filed a motion to convert to Chp 13 (after several more calls from him/his paralegal to "confirm" this is what I "definitely" wanted to do). Interestingly, the trustee filed something saying that if my Chp 13 doesn't work out, then she wants my ass-ets back in her court...

I am currently reading "Chapter 13 Bankruptcy" by Robin Leonard, Published by Nolo. And I quote...

"Conversions to Chp 13 OFTEN occur when the Chp 7 trustee discovers assets that are nonexempt. IN RESPONSE, these debtors convert to Chp 13 which doesn't require surrender of nonexmpt property."

In my case, the trustee "discovered" or more accurately DECIDED that she wanted to get her hands on the assets INSIDE my businesses, after she started probing about the details of my business interests. The businesses and net worth of the businesses were fully disclosed as were required by the forms.

I'm not saying I have a bad attorney, actually I think he COULD be a good attorney to have... on a different type of case. Being that I am not a typical Chp 7 filer, I think he just took an EXTREMELY lazy approach to advising me on what was in MY best interests... so much easier for the attorney to be an "order taker" and continue collecting $200/hr. in the process...

So this weekend I will be reviewing Chp 13 books (and this forum), and next week will start looking for another attorney (after I'm more informed).

I have a technical background and am a freak about research. I filed my Chp 7 BK hastily, without enough research, because of the time-pressure of the "new law" going into affect in October 2005.

Thanks for the responses, and I'll keep you posted... at some point probably in the Chp 13 forum...

I wish all of you financial blessings and prosperity in 2006!

[Minnymouth]

A Note on Chapter 13,

When I filed my Chapter 7 no asset case and the Trustee found the "free and clean title on my home" (we failed to know about), then it was suggested that I convert to Chapter 13 to save my home. This was approved by the Trustee.....

ONLY PROBLEM...... my Chapter 13 payments over 3 years were so high (because of home issue) that I could not afford to do the Chapter 13 - thus I still lost my home in the Chapter 7..........

You can go from a Chapter 7 to a 13 (added expense) to help you keep your possessions............ but you can't go to a Chapter 13, then get it dismissed, just to stop your bankruptcy. If your case is dismissed by the Court then you legally OWE all the debts in full again.... with no recourse on filing a Chapter 7 for a certain amount of time..

If you go from a Chapter 13 to a Chapter 7 then your assets will be liquidated.....

If you have any kind of attorney at all.............. they should explain this too you....