Legal Question in Bankruptcy in California

Re: Can I convert my Chapter 13 to Chapter 7?

Yes, of course you can convert to Ch. 7 assuming your budget is showing no surplus income. Presumably the court approved the sale of your real property in the Ch. 13 case so that shouldn't be an issue. If you would like to schedule a consultation, please visit my webpage at http://www.bklaw.com/consult.html and then contact me to schedule an appointment.

Re: Can I convert my Chapter 13 to Chapter 7?

Yes you can convert. It will most likely require you to file new documents, but it is possible to convert.

Re: Can I convert my Chapter 13 to Chapter 7?

Hello, I am Gary Fraley founder and owner California Bankruptcy Attorneys. I have been practicing bankruptcy law for 27 years. I am one of only 93 state bar certified bankruptcy specialists in the whole state. My office is in Sacramento but I do bankruptcy cases statewide. I regularly handle cases in the Northern District where you are located. I do a free attorney consultation by phone. There is no charge, no pressure and no obligation for me to look at your situation and advise you of all your options. You can find out more about me and my firm at ca-bankruptcy-attorneys.com.

Yes you can convert from Chapter 13 to Chapter 7. However, first you must show you have inadequate income to support a plan to pay any significant portion of your debts in a Chapter 13 over 36 months.

I am concerned about whether selling the house was with court approval. If not, you may have one very unhappy buyer or title company as you do not have the legal ability to sell the home without a court order. This sale, even if approved, may have caused you to not qualify for Chapter 7. What I need to know is what the amended income and expense schedules reflect as disposable income. To understand the issue go to my web site and click on "do I qualify"

If your case gets dismissed you can still file a Chapter 7 if you qualify. The one advantage to converting from Chapter 23 to Chapter 7 is that you will only pay a $15 increase in the filing fee rather than paying the full $209 for filing a new case.

If you want me to give you a free attorney consultation just call my staff at 1-800-675-1005 and they will be happy to set up the appointment