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  1. #1

    Default Converting From Chapter 13 To Chapter 7 - Will The Trustee Refund My Payments?

    I filed Chapter 13 in April and now I can't afford to keep making my house payments and make all of my other monthly payments. So I'm converting to Chapter 7 in October. Will the payments that I've made to the trustee for the past 5 months be refunded back to me with exception of the court costs? And also, how long with it take for them to stop taking the chapter 13 payments out of my paychecks?

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Converting From Chapter 13 To Chapter 7 - Will The Trustee Refund My Payments?

    No, you will get no refund of payments made when converting from a chapter 13 to a chapter 7. If you choose to convert to chapter 7, any money you paid into your plan for dischargeable debts will have been for naught.

    Remember, you have to qualify for a chapter 7 in order to convert to it.

    Your payments should stop when the conversion takes place. You can talk to your lawyer or the trustee about this.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
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    1,126

    Default Re: Converting From Chapter 13 To Chapter 7 - Will The Trustee Refund My Payments?

    Quote Quoting Betty3
    View Post
    No, you will get no refund of payments made when converting from a chapter 13 to a chapter 7. If you choose to convert to chapter 7, any money you paid into your plan for dischargeable debts will have been for naught.

    Remember, you have to qualify for a chapter 7 in order to convert to it.

    Your payments should stop when the conversion takes place. You can talk to your lawyer or the trustee about this.
    Well, it wouldn't have been for naught. It went to pay some of the creditors their money that was owed.

    What is the reason why you're wanting to convert? Have you checked to see if you DO qualify?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Converting From Chapter 13 To Chapter 7 - Will The Trustee Refund My Payments?

    It's true they owed the money but if they would/could have done a chapter 7 in the first place for dischargeable debts, they wouldn't have had to make any payments. From the OP's perspective, it was for naught.

    It seems they want to convert because they can't make the house payments & their other payments. However, they do have to qualify for a chapter 7.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  5. #5

    Default Re: Converting From Chapter 13 To Chapter 7 - Will The Trustee Refund My Payments?

    Initially when I filed the Chapter 13, in addition to my work income, I was receiving child support. Since then, I've had issues concerning my child support payments. They're not consistent like they're supposed to be and I'm receiving payments every other month. And along with back payments for my mortgage, I also have a 2005 vehicle in the case filed. Which takes almost half of my paycheck every two weeks. And since my child support has been coming sparingly now, the balances of my paychecks aren't enough to pay my current mortgage payments, car insurance, utilities, groceries, gas etc. I just can't keep up anymore.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Converting From Chapter 13 To Chapter 7 - Will The Trustee Refund My Payments?

    Ok - talk to your lawyer & see if you qualify for a chapter 7.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

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