Legal Question in Bankruptcy in Florida

chapter 13 to 7

Due to my inability to pay, my chapter 13 is being converted to a 7(I could not keep up the payments, the amount was only told to me just before my original court hearing.) I received a notification that there is to be another hearing April 8,2009. My question -do I need to attend? If I don't what will happen? I do not have a lawyer anymore(I let mine go, because I do not feel he completely informed me , or made clear many facts) and do not have funds for another.


Asked on 3/20/09, 4:26 pm

1 Answer from Attorneys

Raymond LaBella LaBella Law, P.L.

Re: chapter 13 to 7

Yes, attendance is required since you are representing yourself. Your rights may be affected and if you are not present you will have waived your right to be heard on the motion before the court.

Since you are electing to represent yourself, you will need to carefully read the motion being called up at this hearing in order to discover what the court is actually hearing. Federal court will only hear those motions on the court's calendar that day, so the only thing being discussed will be the motion on the calendar. If you need help determining what is being heard that day, you can call the Bankruptcy Clerk's office. Although the clerk can help you in a limited way about court procedure, the clerk is prohibited from practicing law, so you will have to do your own research.

Conversion of a case from 13 to 7 is dicey business. What exemptions you claimed and what wasn't claimed can have a VERY big impact on what your life is going to look like going forward. Check out our website for some more materials on exemptions and the Chapter 7 process at www.LaBellaLaw.com.

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Answered on 3/21/09, 1:11 pm


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