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Converting from a Chapter 7 to 13 After Discharge of Debts Has Been Issued

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  • 12-27-2010, 10:54 AM
    astout07
    Converting from a Chapter 7 to 13 After Discharge of Debts Has Been Issued
    My question involves bankruptcy in the state of: Maryland

    I was given very false information from my bankruptcy attorney who filed my Chapter 7. My house has been taken from me, and I am now homeless. I want to convert my Chapter 7 Bankruptcy to a Chapter 13, OR get my Chapter 7 dismissed all together, because my debts have been paid. I need an attorney who can convert my Chapter 7 to a 13 or dismiss my Chapter 7. Please help and provide recommendations for counsel.
  • 12-27-2010, 11:09 AM
    flyingron
    Re: Converting from a Chapter 7 to 13 After Discharge of Debts Has Been Issued
    Huh? You'll have to find a lawyer because I can't even begin to understand what is going on here. Has the bankruptcy been discharged? If you had the means to pay off all the debts, why were you in any sort of bankruptcy? Did you have a lot of equity in the property? What makes you think you can undo things at this point? Why would switching to a Chapter 13 mean anything at this point?
  • 12-27-2010, 02:32 PM
    astout07
    Re: Converting from a Chapter 7 to 13 After Discharge of Debts Has Been Issued
    Quote:

    Quoting flyingron
    View Post
    Huh? You'll have to find a lawyer because I can't even begin to understand what is going on here. Has the bankruptcy been discharged? If you had the means to pay off all the debts, why were you in any sort of bankruptcy? Did you have a lot of equity in the property? What makes you think you can undo things at this point? Why would switching to a Chapter 13 mean anything at this point?

    I would like to switch from a Chapter 7 to a Chapter 13 because my attorney at the time knew I had assets (properties with equity) and told me we were filing a Chapter 13, when in fact he himself is a Chapter 7 trustee and knows how rare a Chapter 7 with assets his, he continued to file a Chapter 7 even though he was giving me the rules and regulations of a 13. The discharge has been granted, but my properties are continuing to be sold. I was told lies by my attorney like I would be able to keep my house.

    Is there any way to get a Chapter 7 dismissed? What are the law codes for reversing a Chapter 7 and what are the law codes around converting to a Chapter 13?
  • 12-27-2010, 03:08 PM
    Mr. Knowitall
    Re: Converting from a Chapter 7 to 13 After Discharge of Debts Has Been Issued
    I am skeptical that you'll find a way to unring the bell, and even more skeptical that we'll be able to come up with a way with skeletal information. Consult a different bankruptcy lawyer to discuss your options, and consider consulting an attorney in your state who handles legal malpractice cases.
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