Ankeny, IA asked in Bankruptcy for California

Q: Hello, 4 years into chapter 13 plan have relocated to new state unable to make remaining payments income loss health

We now live in Iowa how do I convert to a chapter 7 Some of the remaining $8000 owed in my plan is to my attorney which is a bit awkward what are my options. Would I have to fly to California to attend the meeting of creditors or can it be done remotely given the expense to travel

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3 Lawyer Answers
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: A chapter 13 case can be converted to chapter 7 at any time. It is a fairly simple form. I recommend you talk with your attorney or if he will not assist you because you owe him money, you will likely need to find another attorney to advise you about the conversion and have your attorney substitute out of the case - replacing with a new attorney. If the case is converted, then yes, there would be a hearing with the Chapter 7 Trustee which you will be required to attend. I urge you to seek legal advice before conversion as your assets need to be analyzed to make sure that conversion will not jeopardize your assets. It also may be possible to amend the chapter 13 plan and reduce the payments you are making to what you can currently afford and perhaps keep the case going. Again, this would require an analysis of your current income and monthly expenses.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Just file a motion to convert to 7 in your chapter 13 case.

Mr. Chad Van Horn
Mr. Chad Van Horn
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Fort Lauderdale, FL

A: I would speak to your bankruptcy attorney about applying for what's card a hardship discharge in the Chapter 13 to avoid having to convert to Chapter 7.

Peter Maurice Lively agrees with this answer

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