Chapter 13 to Chapter 7

[ramjet430]

What is the name of your state (only U.S. law)? California.
I need clarification on converting a Ch 13 to a Ch 7. My attorney has made a couple of error in the past and I need a correct answer before I approach her.

We filed a Ch 7 in May 2002 and it was discharged in August 2002 (we had a store that went down hill and since it was not incorporated, we filed a personal BK). I lost my job last year and we filed a Ch 13 (March 2009).

My question is - Can we convert our Ch 13 to a Ch 7 in May (it will have been 8 years since we filed our original Ch 7) or file a new Ch 7?

Thank you.

 

[bigun]

It's 8 years between Chapter 7 filing dates so, you may convert in May.

11 U.S.C. 727

8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;

 

[ramjet430]

This is the reply we recieved from our attorney:

If we convert the chapter 13 case to chapter 7, the effective date of the case (the filing date of March 25, 2009) is still within 8 years prior to your previous chapter 7 case (filed May 2002) – thus you would not be eligible to receive a discharge in the converted chapter 7 case.

I am confused. Our attorney is saying that we can not convet the 13 to a 7, yet I am hearing that we can??????

 

[bigun]

Were I you, I'd consult with another attorney.