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?
2 Answers from Attorneys
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.
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.
Related Questions & Answers
A tenant of mine stopped paying rent on a lease in late November 2011 and vacated... Asked 10/21/15, 12:39 pm in United States California Bankruptcy Law
I need to get free legal service to file bankruptcy. Where do I go for help? Asked 9/28/15, 12:00 pm in United States California Bankruptcy Law