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Converting from Chapter 7 to Chapter 13

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Abel

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Post Posted: Sun Jul 02, 2006 11:49 pm    Post subject: Converting from Chapter 7 to Chapter 13
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I had filed for chapter 7, its been quite some time now and waiting for the final discharge. The case is pending in court. A friend suggested converting to chapter 13. is it possible?
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aaron

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Post Posted: Mon Jul 03, 2006 12:26 am    Post subject:
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Hi Abel,

A pending Chapter 7 bankruptcy can be converted to Chapter 13 if there is any abuse of the procedures for the previous type. The debtor may not be able to satisfy the Means Test wherein his current monthly income (CMI) is expected to go beyond $100 on a monthly basis throughout a time period of 5 years.

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Abel

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Post Posted: Mon Jul 03, 2006 12:27 am    Post subject: more on chapter 13
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What if I can't complete chapter 13 payments. It's not that I cannot, just trying to get more info before I set out for the conversion?
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Post Posted: Mon Jul 03, 2006 12:41 am    Post subject: RE:
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Hi,

You will have the probable options if you fail to make the chapter 13 payments.
  • Dismiss the chapter 13 case.

  • If you are not able to pay on account of circumstances for which you are not responsible, the court may allow you to close the case and obtain a partial discharge.
In general, debtors can convert to a chapter 7 bankruptcy if they fail to make up for Chapter 13 payments. Since you have initially filed chapter 7, so in your case, only the above options can tried out.

Know more about Chapter 13 from an article at http://www.mortgagefit.com/bankruptcy/chapter13.html

Thanks
Mehrtz

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Post Posted: Wed Oct 07, 2009 7:15 pm    Post subject: Chapter 13
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As I understand it, I need to have a job to file Ch 13 but I have been trying to get a job for 5 months with no luck. What happens if I have no job?
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Post Posted: Thu Oct 08, 2009 2:23 am    Post subject:
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Mehrtz...you need to make payments under the Chapter 13 plan. So, if you do not have a job it would be difficult for you. However, if you have social security income or disability income, then you may not face issues in paying the dues. I would suggest you to have a word with a bankruptcy attorney and take his opinion.
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Post Posted: Sun Oct 18, 2009 10:47 am    Post subject:
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Why is your friend telling you to do a 13 instead of 7? Chapter 7 is much faster and liquidates all unsecured debts. You can have good solid reestablished credit in a couple years with a chapter 7, whereas you'd still be in bankruptcy with the chapter 13.
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RANDALL BISHOP

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Post Posted: Wed Jun 09, 2010 1:59 pm    Post subject: DIDNT WAIT THE FULL 8 YEARS TO FILE CHAPTER 7 AGAIN
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I HAVE BEEN SUMMONED ADVERSARY PROCEEDING WHAT IS YOUR ADVICE ON HOW TO HANDLE THIS MESS?
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Post Posted: Wed Jun 09, 2010 10:36 pm    Post subject:
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Hi RANDALL,

I've given my suggestions in regards to your query at:
http://www.mortgagefit.com/bankruptcy/filech7-dismisscase.html

Take a look at it. Hope it'll help you.

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Marie

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Post Posted: Mon Jun 14, 2010 11:38 am    Post subject: Presently in the LHDR Settlement Programs
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The monthy payment for this is $2,108.00 per month. My husband is retired and we live on a limited income. My question is this: should I file a Chapter 7? I have a first mortage and a home equity line of $160,000.00 We can pay make the monthy payments on that, but I haven't worked going on four years after my job was outsource after 15 years of employment. My house is estimated at $315,000. We have a total mortage of 224,000. IN the the state of NJ can I still keep my home and file a Chapter 7?
Marie
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Post Posted: Tue Jun 15, 2010 3:41 am    Post subject:
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Hi Marie,

You will be able to save your property though you file chapter 7. If you include the mortgage in your bankruptcy filing, then you should reaffirm your mortgage and pay off the dues on time and save the property.

Thanks,

Jerry
LaBs

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Post Posted: Fri Oct 15, 2010 12:04 pm    Post subject: I dont want to keep the property
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I have a peice of land that was an investment property that will not sell and i want to cut my losses and stop payin on it What is my best option, foreclosure or bankruptcy?
roy mathews

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Post Posted: Mon Oct 25, 2010 11:42 pm    Post subject: chapter 7 info regarding credit card
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If i took a small cash advance 2 months ago of 300 dollars and last used card 3 weeks ago for gas and want to file chapter 7 the 90 days wait, does it start when i retain a bankruptcy attorney or when i actually file the petition.
shunteagirl

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Post Posted: Tue Jan 11, 2011 7:04 pm    Post subject: help
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I live in arkansas and I am in a chapter 13 is there a way that I can change to a chapter and still save my house or will i lose my house
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Post Posted: Wed Jan 12, 2011 12:19 am    Post subject:
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Hi LaBs,

If there is a mortgage on the property and if you're unable to pay off the dues, then you can apply for a deed in lieu of foreclosure in order to get rid of the property.

To Roy,

You should contact a bankruptcy attorney and he will be able to help you in a better manner in regards to this query.

Welcome shunteagirl,

You can change your Chapter 13 bankruptcy filing to Chapter 7 and still save your property. You should contact your bankruptcy attorney and he will guide you in this matter.

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