Legal Question in Bankruptcy in Virginia
chapter7 or capter13
can you be forced into a chap.7 if the trutee has doubt to you being able to comply to the arrangment(money wise)in a chap.13.i mean if you dont have the money now how are you going to have it then, and will he consider that an issue.
2 Answers from Attorneys
Re: chapter7 or capter13
You are right. If the trustee does not believe you have enough money to do a Chapter 13 plan, the trustee can object and ask the bankruptcy judge to make you do a Chapter 7.
Re: chapter7 or capter13
The trustee can ask the court to dismiss or convert your case to Chapter 7, but you have the absolute right to dismiss a Chapter 13 unless it has been previously converted. So you cannot actually be forced into a 7 - you can just be forced to decide whether to go 7 or dismiss.
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