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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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if horrible error was made in chapter 7 case by the attorney;the

Customer Question

if horrible error was made in chapter 7 case by the attorney;the court is demanding it be changed to a 13 which is not even possible;what options does the client have?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. The court has determined that your friend has additional income as some of her expenses have not been accepted by the court as reasonable or allowable. But she does not ahve to agree to convert the case but instead can have her attorney request a hearing before the BK judge to review her expenses and let the court decide if they are legitimate. If the judge does allow them, she will remain in a chapter 7, If he does not, he will give her the option of converting the case to a 13 or having the case dismissed. But she should not just back down and lett her case be converted without first trying to get the 7 allowed. And if the attorney will not help her, she can substitute out her attonrey and go before the judge herself. But she needs to make sure that the attorney at least files an opposition to the motion to convert the case as she will be lost in trying to figure out how to do this herself.

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