Circumstances change. If you filed under the wrong chapter or your situation has shifted, you may be able to convert your case. Here is how conversion works in the Southern District of New York.
Yes. A debtor has an absolute right to convert from Chapter 13 to Chapter 7 under 11 U.S.C. section 1307(a), as long as the case was not previously converted from Chapter 7. You must still qualify for Chapter 7 under the means test. The conversion fee is $25.
Yes. A debtor has an absolute right to convert from Chapter 13 to Chapter 7 under 11 U.S.C. section 1307(a), as long as the case was not previously converted from Chapter 7. You must still qualify under the means test. The conversion fee is $25.
Yes. Under 11 U.S.C. section 706(a), a debtor may convert a Chapter 7 case to Chapter 13 at any time, as long as the case has not been previously converted. You must have regular income and debts within the Chapter 13 limits.
Common reasons include: your income dropped and you can no longer afford plan payments, you lost your job, your non-exempt assets are minimal and Chapter 7 would be faster, or your Chapter 13 plan is failing.
Payments you already made to the Chapter 13 trustee are generally returned to you minus any amounts already distributed to creditors and trustee fees. Secured creditor payments that were already forwarded cannot be recovered.
Compare the key differences and check your eligibility.
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