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I am currently in a achapter 13 bankruptcy in va and would…

Customer Question
I am currently in...

I am currently in a achapter 13 bankruptcy in va and would like to convert to a chapter 7 i need assistance

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Virginia yes currently in a chapter 13 ..... i have until the 14th to convert to the 7

Lawyer's Assistant: Has anything been filed or reported?

Only the chapter 13 paperwork.... my lawyer already told them that we intend to convert to chapter 7 so they are waiting on the fee for conversion

Submitted: 3 months ago.Category: Bankruptcy Law
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Customer reply replied 3 months ago
i am wanting to file the conversion pro se as the state fees are only $52 and the lawyer is charging me $1000.... i would liek to save money or at least pay a lawyer here to complete documents for me
Customer reply replied 3 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 3 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 22 minutes by:
3/12/2018
Bankruptcy Lawyer: Michael Bradley, Lawyer replied 3 months ago
Michael Bradley
Category: Bankruptcy Law
Satisfied Customers: 1,452
Experience: Owner at The Protection Group LLC
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unfortunately this website does not represent clients but give legal advice

Here’s what happens with your paperwork and the process if you convert your case.

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The petition and schedules. In most courts, the bankruptcy petition and forms that you filed for your Chapter 13 case become a part of your converted Chapter 7 case. However, you may have to amend some of the forms to list any debts you incurred after filing your Chapter 13 case (these can be discharged in your Chapter 7 case if they are otherwise dischargeable). And you’ll have to file another form, the Statement of Intention (this form tells the court what you plan to do with your secured debts.) A few courts require you to file a new set of schedules, even if nothing has changed.

Proofs of Claims. The creditors’ Proofs of Claims, if already filed, carry over to your Chapter 7 case.

The creditors’ meeting. You must attend another meeting of creditors, even if one was already held in your Chapter 13 case.

Exemptions. Some courts determine your exemptions as of the date you filed for Chapter 13 bankruptcy, while other courts determine them as of the date you convert to Chapter 7.

what district in VA?

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Customer reply replied 3 months ago
this answer was googled and copied and pasted to me..... wth
Bankruptcy Lawyer: Terry L., Attorney replied 3 months ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,958
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified

Hi there. I see that you opted out the other professional. I am a bankruptcy attorney. what question do you have about converting to chapter 7?

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Customer reply replied 3 months ago
i opted out of the other because he sent me a googled answer that i had previously read. basically i'm in a 13 and want to convert to a 7.... my state fees are $52 and the lawyer is charging me $1000...I don't want to pay that much as I have paid them a lot already...... i feel like i can do this on my own.... i have found the forms.... i just need guidence and can pay you if you can actually guide me through and help with forms
Bankruptcy Lawyer: Terry L., Attorney replied 3 months ago

So, you wiil have to file a notice of conversion or a motion to convert (depending on your jurisdiction) with the court and you will have to serve all of your creditors and trustee.

You will need to file amended schedules to update your budget (I&J).

You will need to file a statement of intent.

You can file a schedule of debts you incurred after the date of the chapter 13 thru the date of conversion.

Depending on your district, you may have to file an amended means test.

A chapter 7 trustee will be appointed. You will have to send them documents - usually tax returns, pay advices, bank statements, but this varies with the trustee.

This forum allows for us to provide you general information, we are not permitted to give you specific legal advice, that is why you would hire an attorney. The attorney can file the appropriate documents for you, verify you qualify for conversion and for chapter 7, then they will also attend your new 341 meeting, provide answers to your questions, negotiate reaffirmations with secured creditors, attend any subsequent motions in court for you as well. It is a good investment to pay the attorney to do this, as many issues can arise that the attorney can help you sidestep to avoid any problems or issues.

Let me know what questions you have. thanks

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Bankruptcy Lawyer: Terry L., Attorney replied 3 months ago

following up, do you have any other questions? let me know.

if not, it was a pleasure to assist you. if you could rate my answer, I'll get credit for answering, click accept below and then you can rate me. thanks! Terry

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Bankruptcy Lawyer: Terry L., Attorney replied 3 months ago

HI. Please click accept to close question and rate my answer if satisfied. If you have more questions, please let me know here and I'll be glad to answer. thanks. Terry

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