Can I switch to a Chapter 7 bankruptcy after filing a Chapter 13?

switch chapters consumer bankruptcy

Can I switch to a Chapter 7 bankruptcy after filing a Chapter 13?

Yes, you can convert a Chapter 13 bankruptcy case to Chapter 7 bankruptcy at any time, for any reason. The typical reason for converting is that you cannot meet the obligations of your payment plan due to changed circumstances. You should be aware that in doing so you will lose some of your property. Furthermore, if you received a discharge in a Chapter 7 case filed within the six years preceding the filing date of the chapter 13 petition, you cannot receive a discharge in the converted case. There would not be much point in converting in that situation. In addition, be aware that any property you own at the date of the conversion belongs to your Chapter 7 estate; unless that property is exempt, the trustee will be able to take it and sell it for the benefit of your creditors. Moreover, you cannot avoid the qualifications for filing a Chapter 7 simply by converting a Chapter 13. You’ll need to meet the means testing requirements or the Court will refuse to convert the case.

(Reviewed 11.14.08)

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