Chapter 7 converted to 13

[mysterie91]

If a chapter 7 is converted to a 13 due to trustee objections, etc. are you then barred from later converting the case back to a 7 if things change significantly change financially?

Our case is so close that I worry if we "try" for a 7 and the trustee forces us into a Ch. 13 what will happen if we lose a job, get sick, etc.

[Runnin on empty]

If a chapter 7 is converted to a 13 due to trustee objections, etc. are you then barred from later converting the case back to a 7 if things change significantly change financially?

Our case is so close that I worry if we "try" for a 7 and the trustee forces us into a Ch. 13 what will happen if we lose a job, get sick, etc.

While I don't have an answer, I do know the feeling. We are going in to file for Ch 7 on October 12th, and there is a part of us that is sweating bullets. With our 3 incomes (I work 2 jobs), we are just under the median ($2K I believe?) for a household of 4. Once our unsecureds are absolved, we would have oodles of cash left over every month. I am quitting my day job to stay home with the kids and go back to college. My last day there is only a week before we file, so of course I am very nervous that the trustee is going to object.

That being said, our lawyer has been practicing BK law here in our district for over 40 years, there isn't a situation he hasn't already seen at least a few dozen times, and he says that we should be fine. As it is, with us only working on 2 incomes, after our bills are paid, we'll barely have a little under $100 left over, and that's on paper. In reality, it'll probably be closer to $60. This is why I'm looking to pick up something part-time while on campus in-between my classes to give us a little extra breathing room.

So, to make a long story short, I have absolutely nothing concrete in the way of an answer for you. I would figure that if they do force your family or mine into a Ch 13 and then a sudden drop in income happens that they will either adjust the plan accordingly, or advise you to look at converting it to a Ch 7, which is what we've been shooting for anyway.

I can definitely understand your frustration and fear, and wish you the best.

[coma]

To the OP,

We converted our 7 to a 13 after the UST filed a motion to dismiss or convert. We converted voluntarily, because we wanted to save a vehicle (stupid, I know). We were just able to convert back, as our income has dropped significantly and we cannot continue to pay into our plan and eat as well. I'm not sure if this goes for everywhere, since there are so many local variations, but we filed old law chapter 7, converted to 13, and converted back to a 7. Again, we're old law. Nort sure if that means anything or not, but this is where we're at.

[$$only4ever]

We,too had to convert from a Chapter 7 to a Chapter 13 or be dismissed. I am Old Law and could convert to a chapter 7 if I needed too. Again, I am not too sure with the new Bankruptcy Laws.