Converting Ch. 13 to Ch. 7

[mjsantos]

My question involves bankruptcy in the state of: NY

My case: I filed BK Ch. 13 and I had so much trouble getting the plan approved. My attorney was kind of not so much organized and on time but my trustee gave me so much hard time that I thought he had something against me. He found an issue with everything. It had to be amended several times and finally my plan was approved on April 2010. I am current on 100% pay back plan. I had also filed for BK Ch. 7 in April 2003 and it will be eight years in April 2011 that I filed for Chapter 7. Now I just need some help with a few questions:

1- I would like to convert my Ch.13 to Ch. 7. When can I do this, on April 2011, eight years after I filed for Ch. 7 or June 2011, eight years after my case was discharged? When is the main date, when case was filed or discharged to file again?

2. Since my trustee gave me such a hard time, what is the likelihood I will get the same trustee that is handling my current Ch.13 to handle my Ch.7 when I convert it?

3. Is it easier to convert to Chapter 7?

4. Since the trustee gave me a hard time when filling for Chapter 13 because he would handling my case for the next 60 months, will he give me the same hard time even though he does not get to handle my case for long since it is Ch. 7?

Thank you very much.

[despritfreya]

Question:

"I would like to convert my Ch.13 to Ch. 7"

Answer:

Sorry, no can do. Converting DOES NOT change the filing date which was (date not specified by OP). The 8 years does not pass.

You could DISMISS the 13 and file a 7 (assuming you qualify). The 8 years runs from filing date to filing date.

Questions:

"what is the likelihood I will get the same trustee that is handling my current Ch.13 to handle my Ch.7 when I convert it?"

Answer:

Not likely. 1) cannot convert and 2) doubt that your district allows a 13 Trustee to also handle 7 cases.

Question:

"Is it easier to convert to Chapter 7?"

Answer:

Not relevant in your case since you can't convert.

Question:

will (the trustee) give me the same hard time

Answer:

Not relevant as the 13 trustee is not going to be a 7 trustee as well.

[mjsantos]

Could you explain why I can't convert to Ch. 7 in 2011?

I filed for Chapter in 2003 and was discharged also in 2003 and it will be 8 years I have filed for Chapter 7 in 2011. I filed for Chapter 13 in 2010 and why can't convert it to Chapter 7 in 2011?

Thank you.

[acip4u]

Read the previous post(The 8 years runs from filing date to filing date.)
You could file cpt 7 after you dismiss the 13 in april 2011. In my case we stopped paying on the 13 and filed and new cpt 7 not converting only after 1 year of 13, we had to wait a couple of months to qualify by waiting for my income to match the means test. And no you will not get the same trustee!


God Bless

[mjsantos]

1.So, when Can a conversion be done? I thought that after 8 years from the date of filling a chapter 7 I could also file another one and since I am on the chapter 13 I could convert it. Can you tell when a conversion can be done?

2.Also, when filling a new chapter 7, how do we calculate the debts owed since now the debt is lower due to the fact that some payments have been made to the creditors through the ch.13?

3.And, what happens to those creditors that did not file a proof of claim when I filed chapter 13? Since they are not getting paid through Ch. 13 because they never file a proof of claim, what happens to them when I file ch. 7?


Thank you.

[despritfreya]

Yes, I can explain. It all stems from 11 USC 348 (Effect of Conversion):

"Conversion of a case from a case under one chapter of this title to a case under another chapter of this title consitutes 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. . .

The petition date remains the same therefore the 8 years between petition dates will not have elapsed.

If you dismiss the 13 and then do a 7 (you must qualify to do a 7), you list ALL creditors you had in the 13 even if they did not file claims and ALL debt you have run up since the filing of the 13. Estimate amounts due.

[mjsantos]

Understood. Now, when I file e new chapter 7, my total debt is not the same because I have made some payments to the creditors through my trustee in the ch.13. So, when listing creditors in ch.7, do I list the debts less the amount I already paid to creditors through the ch.13? Thanks.

[acip4u]

My lawyer listed the debts with the original amounts no need to do math here. Also i am not sure, but when you convert to 7 you may not be entitled to the trustee STAY of debt, unless you have been paying back 100% on the cpt 13. check with a BK lawyer.



God Bless

[despritfreya]

I always leave the amount as is. The amount paid by the Trustee generally is not sufficient to cover the interest accumulation if there was no bk in place. Once you dismiss the 13 the interest that has not been running, due to the 13, will be revived and technically is added back in. As one poster mentioned, no need to do the math. You just need to make sure all creditors are listed with correct addresses.