Legal Question in Bankruptcy in Indiana

filing dates

I have filed a chapter 13 9and would like to know how to go about filing for a conversion to chapter 7, the problem is when to convert - I had a chapter seven in another state 5 1/2 years ago - does the court go from the filing date OR the discharge date of the previous bankruptcy ?


Asked on 1/01/05, 3:54 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: filing dates

The filing date and not the discharge date is the determinor of whether 6 years have elapsed. However, if your budget is such that you can afford to make the Chapter 13 payments, then the trustee may well argue that you need to be in the Chapter 13, even though your 6 years has elapsed.

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Answered on 1/03/05, 10:05 am


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