Q: I am interested in converting my Chapter 13 bankruptcy to a Chapter 7.
My attorney (the one who is representing me in the Chapter 13), wants me to pay her $3,000 to convert. I do not have $3,000, and I am aware that the court only charges a small ($25?) conversion fee. I understand that she wants to get paid for her work, which is understandable. However, I don't feel that I should be trapped in a Chapter 13 because I can't pay her fee. What options do I have?
A: You can always get a different attorney. I suspect the attorney has not gotten his/her Chapter 13 fee paid and wants to make sure he/she gets paid before converting.
Timothy Denison agrees with this answer
A: Hire another lawyer who is less expensive or you can try to do it yourself (not recommended).
A:
If you simply cease to make payments to the Ch. 13 Trustee, that office will file its own motion to convert or dismiss, and you can appear at the resulting hearing and express your wishes, which will probably be granted.
It is more problematic if there is a wage garnishment in place that automatically deducts the Plan payment and sends to the Trustee.
You can always contact the Chapter 13 Trustee's office, up front, and advise them of your intent/desire.
There are ways you can force this issue, without paying your current attorney, but it is your best advice to speak to another experienced attorney of your choice first.
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