Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
Was the case dismissed?
Who froze your checking account?
If you are still in a chapter 13, a creditor cannot freeze your accounts, and you can convert to a chapter 7 bankruptcy, which would not require any payment plan, and would discharge your debtsif you do not have the disposable income.
my case is not dismissed and no one has froze my account.i need to know what to do i have no loans with my bank and do share another checking account as well with my boyfriend.i pay my car payment outside of the filing and is up to current.
At this point the trustee can dismiss your chapter 13 and at that point creditors can attach any property you have such as checking accounts, in this type of case, you can convert your case to a chapter 7, and discharge your debts, and reaffirm your car, which means you can keep your car.
A chapter 13 requries excess monthly income to make chapter 13 payments, a chapter 7 does not require such income.
can i get another lawyer to to convert to chapter 7
Your attorney should file the motion to convert it is fairly easy, or you can have this case dismissed, and refile a chapter 7 later, the only issue with a chapter 7 is that you must have household income below the State average and limited personal property to qualify, what you should do is speak to your attorney and if they do not help you, at your next confirmation hearing advise the trustee you want to have your case converted he may also file such a motion on your behalf.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).