If My Financial Situation Worsens, Can I Convert My Chapter 13 Bankruptcy to Chapter 7?

A debtor in a Chapter 13 bankruptcy plan has the right to convert his or her bankruptcy case to a Chapter 7 case. But the debtor needs to qualify for the Chapter 7 treatment (i.e. the debtor must meet the “means test” threshold and his or her disposable income must be such that the Chapter 7 case is proper). 

The procedures to convert from Chapter 13 to Chapter 7 vary by bankruptcy court jurisdictions, but generally the debtor must file with the court a notice of conversion or a motion to convert the case to a chapter 7.

It is not uncommon for debtors whose financial situation worsens to convert a case from a Chapter 13 to a Chapter 7 case, and as long as the debtor is qualified for the chapter 7, most conversions to a Chapter 7 are not (and cannot be) challenged.

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