Legal Question in Bankruptcy in California

Chapter 13 to a Chapter 7

I was granted a Chapter 13 and now I'm behind on payments to the trustee. The creditor has filed for "release from stay" do I now convert to Chapter 7? What time frame do I have? If I were to catch up on all back payments while in the Ch.13, could it continue? Or is it too late?

Thank you for any information you have.

Sincerely,

--name removed--


Asked on 7/24/99, 4:35 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Chapter 13 to a Chapter 7

I cannot give you advice without knowing a lot more facts. What creditor sought relief from stay? What are the grounds for the relief from stay? Converting your case to Ch. 7 is your right, but may not stop the relief from stay. You may also be able to use catching up on your ch.13 payments as a defense to the relief from stay motion, but you would of course have to file a written opposition in the required time limits. I suggest you contact the attorney who handled your Ch. 13 to assist. Otherwise, you should definitely consult with an attorney to assist you with the relief from stay motion and whatever else is going on (I suspect there is a lot more to this).

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Answered on 7/26/99, 8:56 pm


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