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Chapter 13 conversion to Chapter 7

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Anonymous
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Chapter 13 conversion to Chapter 7

I will preface this by saying I haven't been completely smart with my credit and my history proves it.  When I divorced in 2004 I was forced to file Chapter 7.  It was discharged in May of 2004.  In 2006 I was out of work for a period of time and lived off my credit cards racking up huge amounts.  The attorney I hired had me file a Chapter 13 and that was filed in January 2008.  When I got to my confirmation hearing in March of 2008 just before we left the Trustee stated to my attorney, "Your client understands she wont get a discharge".  I wasn't sure what that means.  I asked and he said because it was 3 months shy of the 4 years between the 7 and 13 I am not entitled to a discharge.  When I confronted the attorney on how I could be misled by such a huge issue he said "well after that amount of time nobody will come after you, and even so you can roll it over to a Chapter 7. 

 

I am really concerned, I am in my 2nd year of payments and I don't want to make all these payments just to have all the credits come after me.  The only thing being paid currently is my car. 

 

I don't know where to turn, I am sick to death of the bankruptcy and have my credit be in the tank and trying to rebuild everything.

 

Does anyone know can I "convert" this to a Chapter 7.  I have not heard of this before.

 

Thanks for any help.

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