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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2897
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Is it possible to convert a current chapter 13 back into a

Customer Question

Is it possible to convert a current chapter 13 back into a discharged 7. The reason for reopening the 7 would have been fraud done by a creditor.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

I'm trying to figure out the fact pattern here. It sounds like the debtor filed a ch 7 then converted to a chapter 13?

Terry L. :

If they did, the time to object would have been the motion to convert to chapter 13, and then possibly at the confirmation hearing of the chapter 13. If the case was converted, there is no discharge in the chapter 7.

Terry L. :

let me know if this is not the correct fact pattern. Please provide more details and I can provide a better answer. I took the most popular/likely scenario, but if I am incorrect, I'll be happy to answer. Let me know. thanks

JACUSTOMER-652ngmu- :

There was a chapter 7 in 2008. The chapter 13 was filed in 2011, this wasn't converted.

Terry L. :

So, with the brand new case, the creditor can file a proof of claim if they are owed money from a debt that was incurred after the discharge of the prior bankruptcy. If the debt was discharged in the first case, the creditor cannot file a claim in this case. If there was an adversary brought in the first chapter 7 declaring the debt non-dischargeable because of fraud, then they can file a claim in this new chapter 13.

Terry L. :

Let me know if you have any other questions.

Terry L. :

Thanks

Terry L. :

good luck.