Can I dismiss a Chapter 7 and file a separate Chapter 13 simultaneously?

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Can I dismiss a Chapter 7 and file a separate Chapter 13 simultaneously?

Asked on June 9, 2015 under Bankruptcy Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Actually, what you would do if you want to change from a Chapter 7 to Chapter 13, is to "convert" your filing. To do this you'll have to file a motion with the bankruptcy court. Basically, you'll have to explain to the court your reasons for wanting the conversion and show that you can afford to be in a Chapter 13 (you'll have to prove that you can meet your repayment plan obligations). Typically these motions are approved by the court, unless there is evidence of bad faith or there exist other reasons of ineligiblity.

At this point, you may want to consult with a bankruptcy attorney in your area for further explaination and advice.


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