Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Who can convert from a Chapter 13 Bankruptcy to a Chapter 7 Bankruptcy?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Anyone can convert chapter 13 into a chapter 7. It must be shown that the case has not been converted previously. If the answer is no, it's possible to convert. A successful conversion requires filling out the means test for chapter 7 and moving on from there if successful.
Qualifying for a Successful Conversion
Being able to qualify for a chapter 7 requires being able to pass the means test. There are two ways to do so. One is to be under the median income for the state the petitioner lives in. The other is to fill out the long form version to demonstrate that there is very little money left over after all of the bills are paid. As long as one or the other is satisfied, the petitioner can move into a chapter 7.
Making it Official
A notice of conversion needs to be filled out to tell the court that the petitioner wants to move into a chapter 7. Make sure the means test is included. There will be a fee that has to be paid with the filing, which can be found out by calling the court clerk.
Work with a Lawyer
It's time to hire a lawyer if you don't have one already. An experienced lawyer on your case will increase the chances of success to convert. Bankruptcy is a complicated process for the layperson and it's best to have legal help to eliminate the chances of the court turning down the request.
References: