If I’ve been in Chapter 13 for 4 years, is it possible to change to a Chapter 7?

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If I’ve been in Chapter 13 for 4 years, is it possible to change to a Chapter 7?

Asked on February 8, 2013 under Bankruptcy Law, Georgia

Answers:

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

Answered 8 years ago | Contributor

A Chapter 13 bankruptcy can be converted to a Chapter 7 if eligibility is met. There are 2 requirements: (1) that the case has not previously been converted (if it has, then it's not possible to convert the case, and (2) successful completion a new Means Test form (this is how the court decides if a debtor is eligible to file for Chapter 7 bankruptcy).

Assuming that these requirements can be met, a "Notice of Conversion" will need to be filed with the bankruptcy court (also, there is a conversion fee that must be paid when this notice is filed.) The next thing that the debtor must do is to attend the "Meeting of the Creditors"; this is when acreditors can object to the plan (the trustee's office will send the debtor the scheduled time and place of the meeting.) The trustee will then make a decision to approve or deny the debtor's request. If approved, the debtor, will then be subject to the rules governing a Chapter 7 bankruptcy.


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