Legal Question in Bankruptcy in California

Chapter 13 presents opportunities that sometimes prompt debtors to elect it, even if they are eligible to do a chapter 7.

If there was a specific purpose for doing the chapter 13, you may want to stay in it by modifying your plan to lower payments. The Bankruptcy Code permits such modification. But if your plan addresses secured and/or priority debts, then the extent to which you can lower payments may be limited by your circumstances.

Your familial status has changed. If you were previously ineligible to do a chapter 7, you may now be eligible for it if your household size has changed. The Bankruptcy Code permits you to convert to chapter 7 if you are eligible for chapter 7.

Give your attorney a call and come up with the best strategy for your situation.

Standard disclaimer: the above statements are opinion with a general, rather than specific application provided for informational purposes only; they do not constitute legal advice, do not create an attorney-client relationship, and should not be relied upon as they do not anticipate all conflicts, contingencies and factors of which only an attorney of record would know. Congress keeps busy legislating and these statements may not reflect the current state of the law.

I would need to review the schedules and law to determine. E-mail me directly.