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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been in a chapter 13 years now, is there a way to

Customer Question

I have been in a chapter 13 for 2 years now , is there a way for me to convert over to a chapter 7 if so what will need to be done
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Yes, you can file a motion to convert the case from a chapter 13 to a chapter 7. Once the motion is filed, the court will enter an order granting the motion (assuming you can prove that you're unable to maintain the plan and that you're eligible for a chapter 7), and then you'd proceed with a liquidation plan.

Expert:  Roger replied 1 year ago.

Here's a good link you can read that outlines the process:

Customer: replied 1 year ago.
what happens to the money that aleady paid into the 13
Expert:  Roger replied 1 year ago.

The money that has already been paid to the creditors remains there....and would just reduce the balances of all of your debts in the chapter 7.

Expert:  Roger replied 1 year ago.

If the trustee has money that has not be distributed at the time of conversion, what happens to that money is a good question. .....some courts give it back to the debtor and some courts forward it to the creditors. So, it really depends on which court you're in as to what happens to that money. But, this issue has gone up to the US Supreme Court for review, so maybe we'll get a definitive answer soon.