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Can I Convert My Chapter 13 Bankruptcy to a Chapter 7 Bankruptcy Without Losing My House? – Andrea

Andrea

“Dear Steve,

I filed Chapter 13 in 2006 with $ 32,000.00 worth of debt. Now it is 2009 and bankruptcy court say I owe them $ 39,000.00 worth of debt. I have spoken with my attorney about it but, he’s not really communicating with me.

I have spoke with someone at bankruptcy court and they gave me a print out of my payments, and how they are being made to my creditors. It looks as if some of my creditors has filed the same claim 2 or 3 times but my attorney says that’s not the issue, but he’s not really expaining it to me.

I have a car included in my chapter 13 plan that when I first put it into the plan it was $14,000. now it’s showing that I owe a total of $19,000 for this car since 2006 when I filed. I want to know what’s my options if I dismiss my case and file Chapter 7?

Capital One can have the car back. Im current on my mortgage payments. I bought my house for $ 69,000, I owe $49,000, it’s been appraised @ $100.00 which it may only sell for about $70,000 now. All I’m concerned with is keeping my house.

Help me Please!!!!!!

Andrea”

Dear Andrea,

Let me assure you that with some focus and perseverance that this situation can be resolved.

It would be a mistake to bail from the plan in place because of some reporting errors and a failure of communication from your bankruptcy attorney.

Your bankruptcy attorney should be doing a better job of communicating with you. I’m sorry they are not. My recommendation is that you call the office of the bankruptcy attorney and make an appointment to go in face-to-face and get clarification, answers, and help to clear up what is probably a simple reporting mess.

If they are unwilling to help you or the answers they give you don’t seem to make sense, contact another local bankruptcy attorney for help. Whatever you do, do not dismiss or convert your case without professional assistance from a licensed bankruptcy attorney. It can create a bigger mess if you do.

READ  Can the Bank Change My Chapter 13 Bankruptcy Payment Plan Afterwards? - Bryce

Please keep me posted here on what happens.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

2 Comments

  • I am currently in Chapter 13 because of a nasty seperation. I did file Chapter 13 eight years ago with my soon to be ex and it was converted to a Chapter 7 towards the end. Does this mean that I can never convert this Chapter 13 to a 7 because I am really struggling to keep this going? Is there any way to convert within the 8 year time frame?

  • Andrea,

    Steve has given you wise advice. Even though bankruptcy rules and procedure are defined by federal law, the protection or exemption of real property (your house) and personal property in bankruptcy is normally determined by state laws. Therefore you should seek the advice of a knowledgeable bankruptcy lawyer near you before making any decisions regarding either dismissal or conversion of your Chapter 13 case.

    Dan Nunley
    http://www.oklahoma-bankruptcy-attorney.com
    .-= Dan Nunley´s last blog ..A Good Place To Eat When You’re In Okmulgee For Bankruptcy Court =-.

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