Legal Question in Bankruptcy in California

Chapter 13 to a 7

My daughter and her husband filed a chapter 13 BK in June of 08, and it was approved but the payments were so high they could not manage. They original file the 13 to save their home but their home went into foreclosure Aug of 2008. She called her attorney to have them change the BK to a 7 but the attorney said she could not do it. She would have to re-file and my daughter would have to pay again. Is this law firm obligated to change the BK to a 7 with out any cost, or is this normal practice? I gave my daughter the $900.00 when she originally filed her 13.


Asked on 11/26/08, 2:50 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Chapter 13 to a 7

Attorneys usually charge for their work. As to why the Chapter 13 cannot be converted to a Chapter 7 directly takes analysis of all of the documents and procedures. An attorney would charge your daughter to do the analysis.

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Answered on 11/27/08, 3:30 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: Chapter 13 to a 7

Filing a Chapter 13 bankruptcy and getting a plan approved is a lot of work. Converting from 13 to a 7 involved additional work and analysis as well as attending a new meeting of creditors. Your daughter is requesting that the law firm perform additional services, so it is normal appropriate for her to pay for the additional services.

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Answered on 11/27/08, 9:00 am


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