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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Unhappy Behind on Chapter 13 Payments - Can I Convert to Chapter 7

    OK, here goes.

    In Dec 08 my husband I filed a Chapter 13 Bankruptcy in Florida Middle district. With the normal increases in cost of living expenses (utilities, food, gas etc.we find ourselves consistently behind in our trustee payments. We are currently 10 days behind. Our House and car are included in the filing. Will I be able to convert to a 7 if we are behind in the Chapter 13? Even if we lose the car we would like to try to keep the house if we can renegotiate it. I believe we would pass the means test.

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

    Default Re: Behind on Chapter 13 Payments Can I Convert to 7

    Converting a bankruptcy from a Chapter 13 to a Chapter 7 is allowed. The help of an experienced bankruptcy attorney is recommended since bankruptcy laws are rather complex & you want to be sure eligibility is met.

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Behind on Chapter 13 Payments Can I Convert to 7

    Thank you for responding. I have a lawyer, but I wanted to put out some feelers first to see if I'm even able to do it. I know my lawyer's office is very busy and many times I am answered by the paralegal. I don't mind that because I know they are very competent, but on 2 separate occasions I received conflicting advise from one of the paralegals and an attorney at the firm.

    Also would any of you lawyers out there have an idea on the lawyer fees? I am currently paying the firm in payments within the Chapter 13. Would these and the trustee payments be due right away if I converted? I know you can't answer specifically, but a general rule of thumb might help.

    Thanks Again.

  4. #4
    Join Date
    Dec 2009
    Posts
    4

    Default Re: Behind on Chapter 13 Payments Can I Convert to 7

    If you feel are getting conflicting advice from your attorney's office, I would consider shopping for a new attorney.

    If you choose to convert to a 7 your existing attorney will likely not do this for free. In fact, the cost would likely be similar to hiring a whole new attorney.

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