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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 174
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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how long after converting from Ch 13 to 7 will my case be discharged

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how long after converting from Ch 13 to 7 will my case be discharged ?
I am a bankruptcy attorney and I would be happy to assist you! Once you file your Notice of Conversion and pay the filing fee, the trustee will assign you a 341 hearing that day. The hearing will be approximately 30 days after you file the Notice of Conversion. Then you must file new amended schedules, including a new Form 22A (Means Test) and an amended Statement of Intention. You must provide the new assigned Chapter 7 trustee with any requested documentation, such as proof of income for the 6 months prior to converting and tax returns or bank statements. If the 341 hearings goes well and you have properly provided all documentation or information, then you will receive a discharge approximately 60 days after the hearing.

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Customer: replied 3 years ago.

When I converted, I was about 3 months behind on Plan payments. I called the company that holds my car loan and told them that I would like to keep my car. They said that would be fine as long as I continue to make the payments. Would those payments be the same as the Plan payments and interest rate or the original payments and interest ?

The payments to the car company would be the same as they were originally, unless you signed a reaffirmation agreement at the beginning of your Chapter 13 bankruptcy changing your payments and interest, etc. So if you convert, you will need to file a Statement of Intention stating you wish to keep your vehicle and reaffirm. Then if you never had a reaffirmation agreement, the car lender will send you one. It will detail the current amount of the loan, how many payments you have left, payment amount and interest. Again, if you have already signed a reaffirmation agreement, then it will merely continue unchanged. You most likely had a reaffirmation agreement, so you will need to check your court docket if you have forgotten whether you signed one. If not, then you will get one sent to you by the car lender.

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