It isn't unusual for someone's financial situation to change over the course of a three- to five-year repayment plan. When it occurs, many Chapter 13 filers are unable to continue making plan payments. A debtor in this situation, perhaps due to suffering a job loss, might ask the court to modify the Chapter 13 payment, request a hardship discharge, or ask the court to convert the case to a Chapter 7 bankruptcy.
If the conversion isn't an attempt to manipulate the system to the detriment of creditors—often called "bad faith"—a filer can convert a Chapter 13 to a Chapter 7 case at any time, assuming Chapter 7 eligibility. Learn more in Converting Your Bankruptcy Case From Chapter 13 to Chapter 7.
A Chapter 13 bankruptcy filing is often the only option available to people who make too much to qualify for a Chapter 7 bankruptcy (more below). It also works well when someone wants to:
In Chapter 13 bankruptcy, you make regular Chapter 13 plan payments for three to five years to the bankruptcy trustee appointed to administer the case. In turn, the trustee disperses the funds to creditors. Sometimes, however, the filer can't continue funding the repayment plan due to a financial change and converts the case to a Chapter 7 bankruptcy.
If the Chapter 13 trustee holds any plan payments for your creditors, the funds will be returned to you. However, you might lose other assets because Chapter 7 bankruptcy is a liquidation chapter—meaning that the trustee sells property that you can't protect with a bankruptcy exemption. After the conversion, the Chapter 7 trustee can sell nonexempt property you owned when filing the Chapter 13 case that you couldn't protect with an exemption.
Although unusual, you can also convert a Chapter 7 to a Chapter 13 case. This conversion usually happens when the filer's income is too high to pass the means test, indicating that there's sufficient income to repay creditors some amount through a Chapter 13 repayment plan. This conversion cannot occur without the debtor's consent. Learn more about Converting a Chapter 7 Bankruptcy to Chapter 13.
Filing for bankruptcy creates a "bankruptcy estate" in which all your assets and property rights are held. The bankruptcy chapter you file—or convert to—will determine what happens to the property in the bankruptcy estate.
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