Legal Question in Bankruptcy in Illinois

Converting from a Chapter 13 to a Chapter 7

I am in a Chapter 13 currently (have been in it for one year) and now will be incurring new additional substantial daycare expenses for a young child. The new expense is almost equal to the monthly Trustee payment. I cannot afford the new expenses and pay the Trustee. Does this mean that I will have to convert to a Chapter 7?


Asked on 3/28/01, 12:09 am

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Converting from a Chapter 13 to a Chapter 7

A Debtor has an absolute right to convert from a 13 to a 7. However, it seems to me that you could submit a modified plan due to the change in circumstances. The amount that the Trustee takes in fee will change with a modified plan.

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Answered on 5/31/01, 3:50 pm


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