California  |  Bankruptcy

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9/13/04, 4:59 pm

Legal Question


Can I convert my Chapter 13 to Chapter 7?

We filed Chapter 13 in April 2003. We decided to sell our home in March 2004 because we could not afford to keep up with payments and it was sold May 2004. Our attorney did NOT advise us to update our budget after selling the property. We were advised by our accountant to we would need to update our budget to reflect the additional taxes we will owe this year. Due to our financial hardship, we have not paid our trustee our monthly payment this year for June, August & Sept. We recently received a letter from our trustee that he is seeking dismissal of our Chapter 13 and our court hearing date is 10/13/04. We have since updated our monthly budget and would like to know if we can convert our Chapter 13 to Chapter 7? If so, we will hire a new attorney to handle this for us.


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