Chapter 13 to 7

Date: Sun, 08/23/2009 - 12:20

Submitted by klnelson1964 on Sun, 08/23/2009 - 12:20

Posts: 53
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I will preface this by saying I haven't been completely smart with my credit and my history proves it. When I divorced in 2004 I was forced to file Chapter 7. It was discharged in May of 2004. In 2006 I was out of work for a period of time and lived off my credit cards racking up huge amounts. The attorney I hired had me file a Chapter 13 and that was filed in January 2008. When I got to my confirmation hearing in March of 2008 just before we left the Trustee stated to my attorney, "Your client understands she wont get a discharge". I wasn't sure what that means. I asked and he said because it was 3 months shy of the 4 years between the 7 and 13 I am not entitled to a discharge. When I confronted the attorney on how I could be misled by such a huge issue he said "well after that amount of time nobody will come after you, and even so you can roll it over to a Chapter 7.

I am really concerned, I am in my 2nd year of payments and I don't want to make all these payments just to have all the credits come after me. The only thing being paid currently is my car.

I don't know where to turn, I am sick to death of the bankruptcy and have my credit be in the tank and trying to rebuild everything.

Does anyone know can I "convert" this to a Chapter 7. I have not heard of this before.

Thanks for any help.

Total Replies: 3

I think there is a time limit within which you can't file for an

I think there is a time limit within which you can't file for another ch7.

You need to wait for eight years before you can request discharge under chapter 7 for the second time. IMO you should specifically check this issue with your bankruptcy lawyer.

Submitted by SC on Mon, 08/24/2009 - 01:49

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If you had a chapter 7 discharged in 2004, then you would not be

If you had a chapter 7 discharged in 2004, then you would not be eligible for another one yet. There is an eight year period between allowed discharges. You should get all the info from your attorney. That is what you are paying him for. You are the client.

Submitted by southernapostolic on Thu, 08/27/2009 - 20:10

southernapostolic

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Thats the trouble, my attorney that handled by Chapter 13 didn't

Thats the trouble, my attorney that handled by Chapter 13 didn't represent me fairly. I retained him in August of 2007 he didn't get my case filed until January of 2008. When we went to the confirmation hearing the trustee told me that I wouldn't be entitled to a discharge in my 13. I asked the attorney what that meant afterwards and he said, your car would be paid off but the other credits wouldn't be and your debts wont be discharged. Then he said after 5 years most wont come after you.

I did check with an attorney and they say I might be able to convert my case to a Chapter 7, 8 years from the date I filed my previous Chapter 7 which is January of 2012. So I just have to keep going until then.

Yep I am an idiot. And my credit is in the tank until 2012 at least.

Submitted by klnelson1964 on Fri, 08/28/2009 - 15:37

klnelson1964

( Posts: 53 | Credits: )