If I filed for Chapter 13 but cannot make these payments, can I file Chapter 7?

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If I filed for Chapter 13 but cannot make these payments, can I file Chapter 7?

I’m nervous that I will not be able to live on what is left. I’m going to try my hardest but if I cannot, am I able to file Chapter 7 after filing Chapter 13?

Asked on August 6, 2012 under Bankruptcy Law, Pennsylvania

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

You can convert your existing case to a chapter 7 without having to re-file.  The question arises as to why you filed a 13 to begin with?  Did you have an equity problem with real estate?  Did you pass the means test? 

A motion to convert is your right under the bankruptcy code.  Use it if you must.  The form is simple (1 page) and has to be sent to all creditirs.

If the 13 was filed to cover arrearages in a home or car payment, realize that unless those payments are current, the chapter 7 will not offer the protection from future actions that you enjoyed while in a 13.


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