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  1. #1
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    Sep 2016
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    Default Conversion of a Chapter 13 Bankruptcy to Chapter 7

    If you are in a repayment plan for a Chapter 13 bankruptcy, how long does it take to convert that case to a Chapter 7 bankruptcy? If the repayment plan includes legal fees from the original bankruptcy, can they be discharged after the case is converted to Chapter 7? What happens with a vehicle that you were keeping under a Chapter 13 plan?

  2. #2
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    Sep 2005
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    Default Re: Conversion of a Chapter 13 Bankruptcy to Chapter 7

    If you file a notice of conversion, the conversion occurs when the court processes the notice.

    Once the automatic stay is lifted, the vehicle creditor could potentially repossess your vehicle. If you file within thirty days a statement of intention reflecting your desire to keep the vehicle, then you can make payments to keep the vehicle. If you do not, then the creditor will have the option of repossessing. Some creditors will not care if a statement of intention is filed, as long as payments are made, but your situation is made more complex by virtue of whatever happened under the Chapter 13 plan. I suggest discussing your options and best approach to the vehicle with your bankruptcy lawyer.

    You can anticipate that legal fees that are part of the Chapter 13 plan are almost certain to be treated as unsecured debts in the Chapter 7 bankruptcy. See Harris v. Viegelahn, 135 S. Ct. 1829 (2015).

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