Q: I filed chapter 13 because I was told I had too many assets now they want to dismiss my case because I am in arrears
12000$ if they dismiss can I file for chapter 7 bankruptcy now
A: If you filed Chapter 13 to avoid a liquidation of your assets in Chapter 7, filing a chapter 7 case now because you were not successful in your Chapter 13 case WILL NOT stop the Chapter 7 trustee from liquidating assets. When filing a Chapter 13 case due to liquidation issues, you must be aware of the bankruptcy code sections which require you to repay your unsecured creditors an amount equal to that which they would receive in a Chapter 7 liquidation. These are often complicated and very fact-sensitive issues which should be reviewed with an experienced bankruptcy attorney in your local district and vicinage.
Timothy Denison agrees with this answer
A: You can always convert to a 7 but you need to consult a competent bankruptcy attorney first and see whether your assets are protected by exemptions or are not protected and thus can be liquidated to pay your debts.
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