Convert your bankruptcy to Chapter 13? Often, this will be the best way to fix a messed up Chapter 7 case. We are very familiar with all the reasons why your bankruptcy case is a mess. Your first shock may have come when the Chapter 7 trustee announces they are taking away your home or other property. Other common issues are filing your case under the wrong Chapter; filing when you are not eligible; learning that the court is not going to stop the foreclosure of your property; being told you can’t have a bankruptcy because of errors in your paperwork.
A messed up bankruptcy case usually starts when:
You hired a bad lawyer.
You filed on your own without a lawyer.
People often put more effort into buying a car than they put into hiring a bankruptcy lawyer.
People often put less effort into buying a car than they put into picking a bankruptcy lawyer. And that is one reason why so many people get stuck in a messed up bankruptcy case. The effects of buying the wrong car may last a few years. The effects of hiring the wrong lawyer, (including doing the bankruptcy case on your own) may last the rest of your life.
Most people shop very carefully to buy a car. First, they inspect the car for defects. Then they haggle over the price. Most shoppers go for test rides. They try out several different models. Shoppers usually go to more than one car dealer. They read car reviews. But they won’t put as much effort into picking a lawyer. Hiring a bad lawyer is a common fact of life. Here’s how that happens.
Bad Lawyers Get Bad Results
Every attorney entitled to practice law is permitted to represent a client in a bankruptcy case. But, not every attorney is competent to handle a bankruptcy case. Just because you have a driver’s license doesn’t mean you are a good driver. There are plenty of bad lawyers, just like there are plenty of bad drivers. Bad lawyers make bad mistakes. You will save yourself a lot of heartache if you take the time to shop bankruptcy lawyers before you file your
Bad lawyers are out there. But they are easy to avoid if you do your homework.
If you have a bad lawyer you are not stuck. You can change lawyers. We often take over someone else’s failing bankruptcy case and fix it up. Learn more about changing lawyers in your bankruptcy case.
Convert your bankruptcy to Chapter 13 to stop the Chapter 7 trustee from taking your property.
When you convert your bankruptcy to Chapter 13, you automatically terminate the services of the Chapter 7 trustee. However, the trustee might challenge you from trying to convert your bankruptcy to Chapter 13. The trustee may try to block you for several reasons. These include showing the court that you are not eligible for Chapter 13. That you can not propose a feasible Chapter 13 plan. And, that you are acting in bad faith.
The Chapter 7 trustee will often object to your proposal to convert your Bankruptcy to Chapter 13. A Chapter 7 trustee gets paid from taking and selling your assets. That explains why the trustee might fight hard so that you can’t convert your bankruptcy to Chapter 13. That does not mean you are doomed to say in Chapter 7. To convert your bankruptcy to Chapter 13 you must show the court that you are acting in good faith, you have a feasible plan, and you are indeed eligible for the relief.
You may be in this situation because you don’t have a lawyer and you don’t know what you are doing.
You may still have time to hire a lawyer. Most bankruptcy judges will give you time to fix stupid mistakes you made when you didn’t have a lawyer. But judges will eventually run out of patience. You might have just one chance to get it right.
If you have a bad lawyer, then then time is running out to switch lawyers. Don’t trust the lawyer whose bad work got you into a jam to get you out of it. Find a better attorney. Switch lawyers by meeting with lawyers who have the best and most legitimate reviews.
The Los Angeles bankruptcy law firm of Bayer, Wishman & Leotta will provide a free consultation to anyone with a messed up bankruptcy case. Call 213-629-8801. We often agree take over problem bankruptcy cases in Los Angeles and surrounding areas. We have offices in Los Angeles, Long Beach, and Encino, California.
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