Converting Your CH 7 Bankruptcy to CH 13 | Rome, GA
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Converting Your Chapter 7 Bankruptcy to Chapter 13

chapter 7

Bankruptcy Attorney in Rome, Georgia

If you are a debtor who just filed for bankruptcy under Chapter 13, it is common to realize later that it does not suit you. If you need to preserve your assets, such as appliances, vehicles, and your home, you should have chosen Chapter 7 bankruptcy. But the question is: is it possible to convert your bankruptcy from Chapter 13 to Chapter 7? The answer is yes. Doing so requires legal help from an experienced bankruptcy attorney.

At the Law Office of Jeffrey B. Kelly, we thoroughly review every detail of your case. We provide personalized legal services tailored to your specific needs. Because our team believes that our client's time is valuable, we will never make you wait. We guarantee you will receive the excellent legal help you deserve based on our 22 years of experience handling bankruptcy concerns. If you need assistance, schedule a free legal consultation today!

 

Why Do I Need a Bankruptcy Attorney in Georgia?

Why do you need a bankruptcy attorney when converting your Chapter 7 bankruptcy to Chapter 13? Because the bankruptcy process is quite complicated for anyone unaccustomed to the pertinent bankruptcy laws. Selecting the right lawyer is a very crucial step. Keep in mind the following qualities:

  • Values Your Time - Respecting your time entails providing legal solutions as soon as possible. Look for a bankruptcy law firm that values your time. Never hire someone who keeps you waiting for a lengthy amount of time.
  • Shows Kindness and Respect - No bankruptcy lawyer should judge you when you explain why you want to convert your Chapter 7 bankruptcy to Chapter 13. Choose someone who intends to be understanding, kind, and respectful. That way, you can tell them your concerns and what you truly want.
  • Solid Experience - Aside from the years the bankruptcy firm has been practicing bankruptcy, you should consider the notable accomplishments they have had since practicing law. Check out how many bankruptcy cases were successfully filed.

The Law Office of Jeffrey B. Kelly can help. We value your time by providing quick legal solutions and attending to your needs as quickly as possible. We put ourselves into your shoes to fully understand your situation and why you are converting your Chapter 7 bankruptcy petition to Chapter 13.

We will evaluate every detail of your case to make sure that our personalized legal service will not put you in a predicament in the future. With over two decades of experience, we have filed over 7,000 bankruptcy cases in Georgia. If you or someone you know requires guidance before converting, schedule a free consultation now.

How To Convert A Chapter 7 Bankruptcy To Chapter 13 In Georgia?

Before filing for Chapter 7 bankruptcy, you should take the means test to ensure that you meet the requirements. However, some debtors are not knowledgeable about this requirement. Oftentimes, they proceed to file their paperwork for Chapter 7 bankruptcy, only to find out that their income was too high to be qualified. If you are ineligible for Chapter 7 bankruptcy, you can dismiss it or convert it to Chapter 13 as stated in 11 U.S.C. § 706(a).

In other cases, filers don't know that Chapter 13 offers opportunities to wipe out junior liens, pay car loans and mortgage arrearages, and keep the property. If you are someone who intends to pay back your debts and at the same time protect your properties, it may be advisable to convert your Chapter 7 bankruptcy to Chapter 13.

If you file a Chapter 7 bankruptcy, you also give the bankruptcy trustee permission to sell your nonexempt assets to repay your creditors for the debts you incurred. Not everyone understands how this works. You can convert your case if you do not want to lose your properties and are willing to settle your unsecured debts to creditors in the same amount as your nonexempt properties.

Every debtor acting in good faith can legally convert their Chapter 7 bankruptcy case to Chapter 13. You must have credit counseling and a repayment plan to have your debts paid in full. With the help of your bankruptcy lawyer, you can initiate this by filing a motion before the bankruptcy court, explaining substantially why you need to convert your bankruptcy chapter. The court will likely approve this request unless it sees that you committed bankruptcy fraud or ineligibility.

Remember, however, that if you convert your case, the creditor also has the chance to oppose you. Creditors can validly argue that your indebtedness is significantly greater than what Chapter 13 allows or by submitting pieces of evidence that will show your conversion was performed in bad faith.

When You Are Not Allowed To Convert From Chapter 7 to Chapter 13

Notwithstanding the specific bankruptcy procedure, there are still some cases where your petition in bankruptcy cannot be converted. Common reasons are as follows:

  • You are not eligible to file for bankruptcy under Chapter 13 - Converting your case to Chapter 13 bankruptcy does not change the requirements if you file it directly. That is why, before converting, you must ensure that you are qualified for that chapter. If you don't have a stable monthly income or too much-unsecured debt, you may not qualify.
  • You filed bankruptcy in bad faith - Many bankruptcy or federal courts are hesitant to allow people to convert their Chapter 7 bankruptcy to Chapter 13 if there are solid pieces of evidence that they acted in bad faith. These cases might be uncommon, but they happen. It applies when a person tries to hide assets that can only be discovered by the trustee in bankruptcy.
  • You just converted your previous bankruptcy filing - Your motion might be disapproved if you just converted your bankruptcy, whether voluntarily or involuntarily. If your bankruptcy case was converted previously due to the request of the trustee, court, or creditor, then the state law will prohibit you from converting it again.

Call our Bankruptcy Attorney Now!

There are several reasons why a debtor decides or is advised to convert to Chapter 13 bankruptcy after filing Chapter 7. Whatever the reason, you need to contact an experienced bankruptcy attorney in Georgia to help you. It is always more advantageous planning your Chapter 13 case before converting.

At the Law Office of Jeffrey B. Kelly, you will get prudent assistance in resolving your financial problems. We value your time, and we will not make you wait. With over 20 years of experience in consumer bankruptcy, your bankruptcy conversion will go smoothly as it should. Other than bankruptcy, we also handle matters of immigration and personal injury. If you need bankruptcy help, set up a free consultation now!

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