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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27250
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been in chapter 13 for over 2 years and my attorney

Customer Question

I have been in chapter 13 for over 2 years and my attorney stated "we should go ahead and file chapter 7. I have made all payments during chp. 13. My attorney has repeated stated that I have in excess of over 200K in claims against me. When I got the statement from the trustee it showns I have only 89K against me. I can actually handle this however my final hearing is in 1 wk. what should I do.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

One question - when you say final hearing, are you referring to your confirmation hearing or something else?
Customer: replied 1 year ago.


meeting of creditors -- I have received the trustee final report for chapter 13

Expert:  Roger replied 1 year ago.
The good news is that you can convert your case to a chapter 7 at any time. This, if you get to the point where you can't pay or don't want to pay under your plan, a chapter 7 conversion is possible.

As for the discrepancy in the claim amounts, you'd have to discuss that with your attorney - it could be an issue with which creditors have filed claims.

However, if you want to avoid liquidation, you certainly can attempt your chapter 13 with the knowledge that you can convert anytime.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27250
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.


I am already in chapter 7 and feel I was pushed into it with non-factual information!

Expert:  Roger replied 1 year ago.
Ok. Sorry for the confusion. I thought you were trying to decide whether or not to convert.

In that case, you would likely have to dismiss your 7. The. You could re-file a new. Chapter 13. Whether or not that's a good idea depends on the ability to pay under your plan. Your attorney is certainly should be capable of advising you.

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Roger
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters