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Converting a Chapter 13 to Chapter 7

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  • 01-11-2011, 03:34 PM
    tracyh40
    Converting a Chapter 13 to Chapter 7
    My question involves bankruptcy in the state of: New York
    In 2009 my husband and I filed a chapter 13 bankruptcy. In the beginning of 2010 he left, so I have been paying the trustee every month.
    Then in December of 2010 I lost my unemployment benefits because I was past the 99 weeks.
    I can no longer pay the trustee or my other bills because I have still not found work.
    Will I be able to convert to a chapter 7?
    If so, what will happen to the house and my car?
    This is very sad for me because my 2 kids and I do not have any place else to live.

    thanks
  • 01-13-2011, 10:49 AM
    Mr. Knowitall
    Re: Converting a Chapter 13 to Chapter 7
    After a dismissal for failure to pay your monthly payments, you would likely be subject to a 180-day waiting period before you can refile. During that time you would not enjoy any of the benefits of bankruptcy and your creditors would be free to take action against you. You should discuss your situation with a bankruptcy lawyer, perhaps the one who assisted you with your original filing, to explore your full set of options.
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