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Convert ch13 to ch7???


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I know this probably belongs in BK forum, but I thought I would get more interest here. Sorry if it is in the wrong place.

Ok, here is my situation I hope someone can help me out. I am14-months into a 5 year ch13 I feel there is no end in site and I am struggling to make my other living expenses outside of the 13. What I’m afraid of doing is further damage to my credit. You see it has been a year since I filed and all my TL’s say included in Ch13 that I listed with the court, but only EQ is listing my ch13 in the public records section it is absent from the other two. I checked PACER and my name is completely wrong, but my SS# is correct I think this is why it has not made it to the other CRA’s yet, still could. I know I will loose my car I don’t see a way to save it, I could reaffirm, but payment would be close to what my 13 payment so my lawyer thinks it wouldn’t be allowed. It really is unbelievable the math that is used to come up with these plans, according to there budget I have 400.00 for groceries, if that was true why do I have “Ramen Noodles” running through my veins. :x

So my questions are these:

1) If I convert, I obviously run the risk of someone catching the name screw-up and the other CRA’s getting the info, right?

2) Will my CR have two entries in the public section one listing the 13 and one listing the 7?

3) What happens to the TL does that get updated also? Or will I get a second bad TL with Ch7 notation?

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That is very unfortunate ~ when you have to convert a chapter 13 into a chapter 7... I know it is hard to accomplish the 13 with what they expect.

Technically for the record on the reporting:

Chapter 13 petitioned

Chapter 13 filed

Chapter 13 dismissed

Chapter 7 petitioned

Chapter 7 filed

Chapter 7 discharged

I have seen all of these on credit reports, so it can go multiple ways... but as I see it, you should have the two over all that I have marked.

Chapter 13 will remain 7 years (or I think 10 years if Equifax has their way!) Chapter 7 will remain 10 years.

The regular tradeline listings should just say included in bankruptcy, zero balance - they can only report once for what is there now.

You might be fortunate that your Chapter 13 was totally missed on the other 2 CRAs Experian & TransUnion... so my guess would be in the end you will have this:

Experain:

Chapter 7 filed

Equifax:

Chapter 13 dismissed

Chapter 7 filed

TransUnion:

Chapter 7 filed

Would recommend bidding your time for a bit until you complete the change over on your bankruptcy... see if they make the same mistake again in listing your name... no need to correct them if you don't have to on this matter!

Then after you have the discharge on the 7, go back dispute the incorrect name off of your credit report & dispute as not mine - see what may be accomplished.

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We converted from 13 to 7--that's just about how it goes. Chapter 13 is a glorified payment plan very similar to what the credit repair agencies do. IMHO, it is, for most people, unworkable, cruel and keeps you poor. Criminals are treated better.

If it is possible, you should seriously consider converting, especially before Congress decides to pass any legislation. Then hardly anybody could do a Chapter 7, which will leave a lot of people existing just above the poverty line.

Accounts should read as indicated "Chapter 7 Bankruptcy $0 Balance. After a few months, if they don't, dispute them. The whole purpose of the Chapter 7 is to remove the lates etc. and give you a chance to start over.

Which reminds me--8 months later and some accounts are still saying "included in BK 13-wage earner plan". Gotta work on that.

Good luck.

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I think I will end up doing it, just a little nervious about making the situation worse. Thanks alot for the great responses.

I have already started cleaning up old info on my reports I'm just itching to start cleaning up, should I just wait or can i start now?

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