Can I convert to Chapter 7?

[Anonymous]

Sorry. My posts got mixed up somehow. I lost my job not too long before I filed. I went from making 45k a year to $300 a week on unemployment. The main reason I filed Chapter 13 was to protect an asset, my vehicle. I was behind, and reaffirming through chapter 7 was not an option, as I would not have been able to afford it at my payments at that time. The chapter 13 lowered my payments. At that time, I was not educated about this process at all. I didn't know the major differences between the two. Other than the car, I only had maybe 4k in unsecured debt. Being naive, I did not give the plan length much thought. I surmise she stretched it out as far as possible to keep my payments as low as possible. As I stated, I was on unemployment looking for a job when I filed. A plan with too high of a payment would not have went through. I, too, was clueless about this process. I pretty much went blindly with whatever my attorney advised.

I have an appointment to see my attorney on Monday. From my initial research, I can convert if I'm willing to "let go" of an asset that the chapter 13 protected, which is exactly what I'd do. Believe me, on $300 a week maximum unemployment in Georgia, I definitely passed the means test to file a Chapter 7. The reason I simply did not was to protect my vehicle. Hindsight is 20/20

[TRC_WA]

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@Anonymous wrote:

My situation is almost identical. I pretty  much just followed my attorney's advice blindly. I definitely was clueless.

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Yeah and I know the feeling about Georgia unemployment.    I lost my job about a year after I filed and the maximum of $330 just didn't cut it.

I ended up moving to the Seattle area in 2011 and pretty much doubled my income.  Yeah the COL is higher out here but it's not THAT much higher.  In no way would I have rebounded from the Ch 13 like I have if I were still living and working in Georgia...

Sometimes a change of scenery is for the best.  The best decision of my life without a doubt...

Good luck. 

[Anonymous]

My situation is almost identical. I lost my job not too long before I filed. I went from making 45k a year to $300 a week on unemployment. The main reason I filed Chapter 13 was to protect an asset, my vehicle. I was behind, and reaffirming through chapter 7 was not an option, as I would not have been able to afford it at my payments at that time. The chapter 13 lowered my payments.

At that time, I was not educated about this process at all. I didn't know the major differences between the two. Other than the car, I only had maybe 4k in unsecured debt. Being naive, I did not give the plan length much thought. I surmise she stretched it out as far as possible to keep my payments as low as possible. As I stated, I was on unemployment looking for a job when I filed. A plan with too high of a payment would not have went through.

I have an appointment to see my attorney on Monday. From my initial research, I can convert if I'm willing to "let go" of an asset that the chapter 13 protected, which is exactly what I'd do. Believe me, on $300 a week maximum unemployment in Georgia, I definitely passed the means test to file a Chapter 7. The reason I simply did not was to protect my vehicle. Hindsight is 20/20.