Converting 13 Case to Chapter 7
Letter to “Ask Leon”
In July of 2005, my husband and I filed for Chapter 13. We have since requested a conversion to Chapter 7 but have been denied due to the multiple filings rule in the new bankruptcy act. My question is, does the multiple filings rule apply to all cases regardless of when they were originally filed or does it only apply to those cases filed on or after 10/17/2005? I had a Chapter 7 bankruptcy 7 years ago, and we were not informed by our attorney that this would be a problem. In fact, he assured us, that because we had filed prior to the new law, that we would not be affected.
The new bankruptcy law effective October 17, 2005 provides for an 8 year rule. If your case was filed prior to that date, then you are still under the old law, which had a 6 year rule. If so, you have to see if your present case was filed more than 6 years after the date that your previous Chapter 7 was filed.