How do I convert my chapter 13 case to a chapter 7 case (voluntary conversion)?

It’s really simple to convert the case, but the ramifications are incredibly complicated.  conversion

You convert the case by filing a simple one page documents called a “Notice of Voluntary Conversion to Chapter 7.”  Here is the Utah Bankruptcy Court link for the pro se document in .pdf.  Here is the generic text for the motion:

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NOTICE OF VOLUNTARY CONVERSION TO CHAPTER 7

Pursuant to s 1307 of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 1017(f)(3), Debtor hereby converts the above-captioned chapter 13 case to a case under chapter 7 of the Bankruptcy Code.

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That’s it.  (You do have to pay a $25 conversion fee, since the $310 filing fee you originally paid for the Chapter 13 doesn’t quite pay the full $335 filing fee for a Chapter 7).

Now as for what actually happens, well, it’s complicated.

If you have never filed bk before, then converting from a 13 to a 7 isn’t bad, but you will either have to catch up on your secured creditors (like car loans and mortgage payments) quickly, or the creditors will want to repossess their collateral.

If you have filed bk and received a discharge in a chapter 7 in the last 8 years, then your conversion will not help at all, since you cannot receive a chapter 7 discharge if the cases have been filed within 8 years of eachother.

As for the other effects, you’ll need to consult an attorney for a fairly in depth discussion of your bankruptcy particulars.