Home / Can I Convert Ch. 7 to Ch. 13 After Discharge?

Can I Convert Ch. 7 to Ch. 13 After Discharge?

  • You can't convert Chapter 7 to Chapter 13 after discharge.
  • Consider filing a new Chapter 13 to manage leftover debts and protect assets, usually after a 4-year wait.
  • Call The Credit Pros to review your credit report and explore other options.
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Related content: What's Chapter 13 Bankruptcy & How Does It Actually Work

You can't switch from Chapter 7 to Chapter 13 after discharge. Your case ends when you get the discharge.

But don't worry, you've got options. If money's tight again, think about filing a new Chapter 13. It could help you sort out leftover debts, keep your stuff safe, and stop the bank from taking your house or car. Just keep in mind, you usually need to wait 4 years after a Chapter 7 discharge.

Don't go it alone. Give The Credit Pros a ring right now. We'll check out your full 3-bureau credit report and chat about your situation. Our team can walk you through other options besides bankruptcy or help you get ready for Chapter 13 if that's your best bet. Let's team up and tackle your money troubles head-on.

Can I Switch From Chapter 7 To Chapter 13 After Discharge

You can't switch from Chapter 7 to Chapter 13 after discharge. Once your Chapter 7 case is closed, you can't convert it to Chapter 13. However, you're not out of options. If you need debt relief after a Chapter 7 discharge, you can file a new Chapter 13 case, but you'll have to wait.

Here's what you need to know:

• You must typically wait at least four years after a Chapter 7 discharge before filing for Chapter 13.
• This waiting period prevents abuse of the bankruptcy system.
• Chapter 7 quickly wipes out most unsecured debts, while Chapter 13 helps you reorganize debts over 3-5 years.

If you're considering this path, we recommend you:

1. Assess your current financial situation
2. Consult a bankruptcy attorney
3. Explore non-bankruptcy debt relief options during the waiting period

Remember, filing multiple bankruptcies can impact your credit score and future financial options. It's crucial that you address the root causes of your financial struggles to avoid repeated filings.

In essence, while you can't directly switch from Chapter 7 to Chapter 13 after discharge, you have options. We advise you to wait out the required period, seek professional advice, and carefully consider your financial future before making any decisions.

Why Should I Switch From Chapter 7 To Chapter 13 Bankruptcy (Pros And Cons)

Switching from Chapter 7 to Chapter 13 bankruptcy after discharge can offer you several benefits, but it also comes with drawbacks. Here's what you need to consider:

Advantages of switching to Chapter 13:

• You can protect your assets that you might lose in Chapter 7.
• You'll have the opportunity to catch up on secured debts over 3-5 years.
• Your co-signers on consumer debts will be shielded.
• You'll gain more control over your debt repayment through a structured plan.
• You'll remain protected from creditors throughout the repayment period.

Potential drawbacks to keep in mind:

• The process takes 3-5 years, unlike Chapter 7's quick discharge.
• You'll need a steady income to make plan payments.
• You'll repay some debts instead of getting a full discharge.
• You must adhere to a court-approved budget and repayment plan.

When considering this switch, you should carefully weigh these factors:

• Your long-term financial goals
• The stability of your income
• The types of debt you're facing
• The assets you want to protect

We strongly recommend that you consult a bankruptcy attorney to evaluate your specific situation. They can help you determine if switching aligns with your financial interests and if you meet the eligibility requirements.

To wrap up, switching from Chapter 7 to Chapter 13 bankruptcy can offer you more control and asset protection, but it requires a longer commitment and steady income. Your decision should be based on your unique financial circumstances and long-term goals.

What Is The Process For Converting Chapter 7 To Chapter 13

You can convert your Chapter 7 bankruptcy to Chapter 13 by filing a motion with the court. This process allows you to keep non-exempt assets and repay your creditors. To qualify, you need regular income, unsecured debts under $360,475 (as of 2011), and the ability to pass the means test.

Here are the steps you should follow to convert:

1. You need to file a motion explaining why you want to convert
2. Get credit counseling
3. Create a viable debt repayment plan
4. Update your financial forms if needed
5. Attend a new creditors' meeting

The court usually grants you one conversion opportunity if you show good faith. However, be aware that your creditors may oppose, citing ineligibility or bad faith. You should be prepared for closer scrutiny of your finances.

Converting to Chapter 13 offers you several key benefits:

• You can keep non-exempt property
• You have the opportunity to catch up on mortgage or car payments
• You can resolve tax debts

We strongly recommend that you consult a bankruptcy attorney to navigate this complex process. They can help ensure you meet all requirements for a successful conversion. On the whole, while converting from Chapter 7 to Chapter 13 bankruptcy can be challenging, it offers you a chance to retain more assets and create a manageable repayment plan if you're eligible and prepared for the process.

Do I Need Court Approval To Change Bankruptcy Chapters

Yes, you need court approval to change bankruptcy chapters after discharge. Here's what you should know:

You can't typically convert from Chapter 7 to Chapter 13 after discharge. Your Chapter 7 case effectively closes once you receive a discharge. Instead, you'd likely need to file a new Chapter 13 case. This process is often called "Chapter 20" bankruptcy.

When you file a new Chapter 13 case after a Chapter 7 discharge, you should be aware of these key points:

• Courts may view this as an attempt to manipulate the system. You'll need to demonstrate good faith and changed circumstances.
• Strict timing rules apply. You can't receive a Chapter 13 discharge if you got a Chapter 7 discharge within the last 4 years.
• You must meet Chapter 13 eligibility requirements, including having regular income and being under debt limits.
• The court will closely scrutinize your motives and financial situation before allowing a new Chapter 13 filing.

We recommend that you consult a bankruptcy attorney to explore your options. They can help you understand the legal implications of changing chapters and guide you through the process.

Bottom line: Changing bankruptcy chapters after discharge is complex and requires court approval. You'll need to file a new case and meet specific criteria. It's crucial that you seek professional advice to navigate this process effectively.

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How Does The Means Test Affect Converting Chapter 7 To 13

The means test significantly impacts your ability to convert from Chapter 7 to Chapter 13 bankruptcy. You need to pass this test to be eligible for Chapter 13. If your income exceeds your state's median level, you might face objections to Chapter 7 discharge, prompting a shift to Chapter 13. This move allows you to address potential 707(b) issues and demonstrate your ability to repay some unsecured debts through a structured plan.

If you're considering switching from Chapter 13 to Chapter 7, you must show that you don't have enough disposable income to maintain plan payments. Changes in your financial situation since your initial filing can affect your means test results, potentially enabling conversion.

Key points to remember:

• You need to compare your income to your state's median for similar-sized families
• The test uses your average income from the six months before filing, excluding Social Security
• If you're above the median, you'll face further analysis of your ability to fund a Chapter 13 plan
• You'll find it easier to pass the means test if your income has decreased since your original filing

We understand that navigating this process can be overwhelming. That's why we strongly recommend you work with a knowledgeable bankruptcy attorney. They can guide you through the means test and help you determine the best course of action for your specific situation.

In a nutshell, the means test is a crucial factor in bankruptcy conversions. You need to carefully consider your income, expenses, and financial changes to make the right decision for your financial future.

What Assets Can I Keep By Moving To Chapter 13

Chapter 13 bankruptcy allows you to keep most of your assets while restructuring your debts. You'll likely be able to retain:

• Your home, as long as you catch up on mortgage payments
• Vehicles, provided you continue making payments
• Personal belongings and household items
• Retirement accounts

Here are the key benefits you'll enjoy:

1. You can avoid foreclosure by catching up on missed mortgage payments.
2. You'll keep non-exempt property that you might lose in Chapter 7.
3. You can "cram down" certain secured debts to fair market value.
4. You'll discharge remaining unsecured debts after completing a 3-5 year repayment plan.

We strongly recommend that you consult a bankruptcy attorney to understand which specific assets you can protect. They'll help you develop a repayment strategy tailored to your unique situation.

Keep in mind that Chapter 13 requires you to have a steady income to make plan payments. You must also stay below the $2,750,000 debt limit. If you qualify, it offers you a path to keep important property while resolving overwhelming debt.

All in all, Chapter 13 can be a lifeline if you're struggling with debt but want to keep your assets. Just remember to get expert advice to navigate the process smoothly.

Are There Deadlines For Converting Chapter 7 To Chapter 13

Yes, there are strict deadlines for converting Chapter 7 to Chapter 13 bankruptcy. You must act before your Chapter 7 discharge is granted, which typically happens 3-4 months after filing. To convert, you'll need to file a motion with the bankruptcy court and attend a new 341 meeting of creditors.

Here are key points you should remember:

• You can only convert automatically once
• You'll need court approval for additional attempts
• You must qualify for Chapter 13 (regular income, debt limits)
• You should be able to make plan payments
• Creditors or trustees may object to your conversion

We strongly advise you to consult an experienced bankruptcy attorney. They can help you navigate this complex process, evaluate your situation, explain the legal implications, and determine if conversion is the right choice for you.

Remember, timing is critical in this process. Don't wait until the last minute to explore your options. By acting promptly, you give yourself the best chance of successfully converting if it's the right move for your financial future.

The gist of it is, you need to act fast if you're considering converting from Chapter 7 to Chapter 13 bankruptcy. We recommend you speak with a bankruptcy attorney as soon as possible to understand your options and meet the necessary deadlines.

How Does An Income Change Impact Bankruptcy Chapter Conversion

When your income changes, it can significantly impact your bankruptcy chapter conversion. If you're in Chapter 13 and your earnings drop, you might struggle to keep up with your repayment plan. This could make converting to Chapter 7 a viable option for you. To convert, you'll need to pass the means test, which evaluates your current income and expenses. A substantial decrease in your earnings improves your chances of qualifying for Chapter 7.

Courts carefully examine conversions to prevent abuse. They want to ensure you're not just trying to dodge repayment obligations. The timing of your income change matters too. Money you acquire after filing Chapter 13 but before conversion typically stays out of your Chapter 7 estate. You must show good faith in pursuing conversion, demonstrating genuine financial hardship rather than strategic maneuvering.

Consider these practical points when you're contemplating conversion:

• Chapter 7 offers you quicker debt discharge but may require giving up non-exempt assets
• Chapter 13 lets you keep property while restructuring debts over 3-5 years
• Your income fluctuations can make sticking to Chapter 13 plans challenging
• If you fail to make Chapter 13 payments, you risk case dismissal

Your decision ultimately depends on your unique financial situation, goals for keeping assets, and ability to manage ongoing payments given your new income reality. Remember, we recommend that you speak with a bankruptcy professional to explore your options and determine the best path forward for your specific circumstances.

Professionals can help you with your Credit Score after Bankruptcy.

Let Professionals help you develop the best possible strategy to improve your credit score after bankruptcy.

Call (888) 411-1844

What Debts Can Be Restructured In Chapter 13 After Chapter 7

After a Chapter 7 discharge, you can restructure certain debts in Chapter 13. Here's what you need to know:

You can include these debts in your Chapter 13 plan:

• Your mortgage - catch up on missed payments to avoid foreclosure
• Tax liabilities not wiped out in Chapter 7
• Student loans
• Some secured personal property loans

Remember, you can't include debts already discharged in Chapter 7. To file for Chapter 13 after Chapter 7, you need to:

• Wait 4 years from your Chapter 7 filing date
• Meet the income and debt limits for Chapter 13
• Have a regular income to make plan payments

Filing Chapter 13 after Chapter 7 offers you several benefits:

• You can save your home from foreclosure
• You get to spread payments over 3-5 years
• You might be able to reduce some debts

We strongly recommend that you talk to a bankruptcy lawyer. They'll assess your specific situation and guide you on which debts qualify for restructuring. This expert advice will help you determine if Chapter 13 is the right fit for your financial goals after Chapter 7.

At the end of the day, understanding what debts you can restructure in Chapter 13 after Chapter 7 can be a game-changer for your financial recovery. By seeking professional advice and carefully considering your options, you're taking a crucial step towards regaining control of your financial future.

Can Creditors Object To My Chapter 7 To 13 Conversion

Yes, creditors can object to your Chapter 7 to 13 conversion. When you file a notice to convert, you need to be aware that creditors have the right to challenge it. They might argue that you're acting in bad faith or trying to abuse the bankruptcy system.

You should be prepared for common objections, including:

• Creditors may claim you have the means to repay debts in Chapter 7
• They might argue you're attempting to delay them
• Creditors could allege you've hidden assets or income

To counter these objections, we recommend you:

• Clearly explain your changed financial circumstances
• Provide evidence of your inability to continue Chapter 7
• Demonstrate your good faith in seeking conversion

When the court reviews objections and your response, you need to understand that if valid reasons exist, the judge may allow conversion despite creditor protests. However, you must still qualify for Chapter 13, including having regular income and meeting debt limits.

We advise you to:

• File your conversion notice promptly if needed
• Gather financial documents showing hardship
• Be prepared to attend a hearing
• Consult a bankruptcy attorney for guidance

Remember, the court aims to balance debtor relief with creditor rights. You should present a strong case for why conversion serves your best interests without unfairly disadvantaging creditors.

Lastly, don't forget that you're not alone in this process. By following these steps and seeking professional advice, you'll be better equipped to navigate the challenges of bankruptcy conversion and work towards a more stable financial future.

How Does Chapter 13 Help With Mortgage Or Car Loan Arrears

Chapter 13 bankruptcy offers you powerful help with mortgage and car loan arrears. When you file, it immediately stops foreclosure or repossession actions. You get 3-5 years to catch up on overdue payments while keeping your home and vehicle.

For your mortgage, you can spread past-due amounts over the repayment plan period. You'll make your regular monthly payments plus extra to cover arrears. With your car loan, Chapter 13 may let you reschedule the debt, potentially lowering your monthly payments by extending the loan term. In some cases, you might even reduce the principal you owe to the car's current market value.

This approach helps you address both mortgage and auto loan delinquencies at once, giving you a structured way to retain essential assets and work towards financial stability. Here are the key benefits you'll enjoy:

• You halt foreclosure/repossession proceedings
• You get 3-5 years to catch up on arrears
• You keep your home and vehicle
• You may lower car payments by extending the loan
• You get a comprehensive debt repayment plan

Chapter 13 gives you breathing room to get back on track with your secured debts while protecting your most important assets. It's a powerful tool if you're struggling with mortgage or car loan payments and want to avoid losing your property.

Finally, remember that by filing for Chapter 13, you're taking a proactive step to regain control of your financial situation. You're not just buying time – you're creating a structured path to catch up on your debts and keep your home and car.

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