Legal Question in Bankruptcy in California

I got bad advice from a paralegal to file a chapter 7, I have way too many assets and it should have been a chapter 13, I owe 44,000 in LLC debt and poperty tax debt, I was thinking of converting my 7 to a 13, or would a voluntary dismissal be the way to go? what do I do here!, If I could pay the 40,000 before the hearing should I?

Asked on 11/11/15, 12:10 pm

2 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

Chapter 7's generally can't be voluntarily dismissed; and a motion to convert to chapter 13 may be contested. Please mitigate damages and retain the best bankruptcy attorney you can find in your area.

Disclaimer: this answer doesnít address all facts & implications of the question; itís general bankruptcy info, not legal advice to be relied upon. The answer creates no attorney-client relationship. Laws are subject to change and local practices vary; answers may be relevant to San Diego, Imperial and/or Riverside Counties only.

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Answered on 11/11/15, 12:34 pm
Kendall Coffman Law Office of Kendall David Coffman

You will need to see a lawyer instead of relying upon a paralegal.

You can file a motion to convert from Chapter 7 to Chapter 13. You will need to prepare, file and serve a motion, and it's possible that creditors and/or the Chapter 7 Trustee may object to the conversion.

Even if you successfully convert from Chapter 7 to Chapter 13, you'll need to propose a feasible Chapter 13 payment plan. If you can't draft and propose a feasible Chapter 13 payment plan, your case might convert back to Chapter 7.

If you want to dismiss the Chapter 7 case, you'll need to draft, file and serve a motion to dismiss. The Chapter 7 Trustee may object to the motion, on the grounds that a liquidation of your assets would serve the best interests of your creditors.

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Answered on 11/11/15, 1:06 pm

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