Q: I just filed for Chapter 13 bankruptcy on August 29th, 2015. Can I file a Notice of Conversion to Chapter 7?
A:
You can file a motion to convert to a chapter 7. Whether your court requires that notice be provides to creditors or if the order converting the case without notice to creditors can be entered will depend upon the practice in your court. In our court and I believe in most, the judge will sign the order without requiring notice to creditors.
The issue of qualification to proceed in a chapter 7 and receive a chapter 7 discharge is the same as it was on the date you filed, August 29th as the petition date will not change.
If you filed pro se, you will have a better chance of making it through the case without counsel in a chapter 7. Per a US Courts study in 2011, pro se chapter 7 debtors are 8 times more likely to have their case dismissed than chapter 7 debtors that are represented by an attorney. That same study reported that pro se chapter 13 debtors are 50 times more likely to fail in their quest to have their chapter 13 plan confirmed than chapter 13 debtors represented by counsel.
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