Can I convert from a Chapter 13 to a Chapter 7 after I have filed my petition?
Many times debtors cannot continue to make the chapter 13 plan payments as set forth and approved by the Chapter 13 Trustee.
They foresee having economic troubles with making the payments but still need economic relief. Debtors can convert their 13 case to a chapter 7. This also assumes the debtor's income meets the income requirements and the mean's test is satisfied.
However, keep in mind that if you are not current on secured debt, there is a strong possibility the creditor will ask relief from the automatic stay and ask the bankruptcy court to pursue state court remedies.
For example, if you are behind on your mortgage and you convert your caseto a chapter 7, you may subject the property to foreclosure.
If you have questions about Florida Divorces or Bankruptcy Law contact a Florida Attorney
Greg Gilbert
Keith Maynard