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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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thanks for your reply, can we convert to a chapter 13 even

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thanks for your reply, can we convert to a chapter 13 even though the chapter 7 has already been discharged and if so do you have to pay the full amount of all debts back?

Unfortunately it does not appear that you can convert at this time. So sorry.

If they auction your property off, you will be entitled to your homestead exemption. The amount in Kentucky of the exemption will depend upon whether you chose state or federal exemptions in your petition. State exemptions would exempt $5,000 while federal exemptions would exempt

You may want to consider a malpractice action against your attorney. It appears from your posts that he should have advised you to convert to a 13 once it became apparent that the house was unencumbered.

Best wishes to you.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Is there anyway to stop the bankruptcy trustee from putting it up for auction. She has advised us yesterday that she was setting it for auction. If we filed a malpractice suite could it be used to to stop this action for now?
Customer: replied 8 years ago.
The bankruptcy trustee advised yesterday that she has decided to put it up for auction. Is there anyway to stop this? If we filed a malpractice case could this be used to stop the trustee from disposing of the home? Again this is our HOME, is there anyway to hold on to it??



There is nothing in the Bankruptcy Code that would automatically stop the auction. Consider making an appontment with a local bankruptcy litigator to review your file. In some areas, bankruptcy trustees also practice bankruptcy law. Consider an appointment with such counsel.