It is possible to covert a Chapter 13 case to a Chapter 7. Before you take the decision to covert your Chapter 13 case to a Chapter 7 case, you must understand that while Chapter 13 allows you to keep your assets, in a Chapter 7 case, you can only keep certain non-exempt assets.
Reasons to Convert
There could be many reasons for wanting to convert a Chapter 13 case to a Chapter 7. The main reason why many debtors convert their Chapter 13 case to a Chapter 7 is that they are unable to make the payments under the payment plan. Failure to make the payments under the plan will result in the petition being dismissed and you will not get a discharge. Another reason why debtors convert a Chapter 13 to a Chapter 7 is that a Chapter 13 can take 3 – 5 years whereas the debtor can receive Chapter 7 discharge much quicker, sometimes in less than 3 months. Also when you convert to a Chapter 7, the trustee must refund any amount that you have paid to the trustee as part of the plan but hasn’t yet been distributed to the creditors. Any debt that you have incurred after the filing of your Chapter 13 case can be included in the Chapter 7 case after conversion.
You can covert your case if you are eligible to file a Chapter 7 case and your Chapter 13 case has not been converted from another chapter.
Converting Chapter 13 Bankruptcy to Chapter 7 Bankruptcy Procedure
All you need to do is file a notice of conversion. You may have to pay a conversion fee. The court process can take one or two days. Once the court allows the conversion, your case will be treated as a Chapter 7 and you will have to attend a new creditors meeting.