Expert: Terry Leeders - 10/15/2007

Question
Hello,
Currently I am in a chapter 13 and want to convert to a 7 because my mom has fell ill. Well as the story goes on my lawyer has paid them selves first before paying off my car first the only reason I did a 13 cause I feel behind but honestly I should have filed a 13 they have made a lot ofoff of me now they want more money for the conversion and the only reason is because I have a ganishment from Dominion Law for a time barred debt trying to garnish me. Help what sould I do. I want my car that I have been paying for the last 3 years.

Answer
Hello Tiff-tiff,
The Chapter 13 is paid based on the types of debts you have.
There is an exact order: Child support and administrative costs first (incl atty fees) then secured debts -mortgages, cars, furniture etc.  then tax debt, then unsecured like credit cards and medical.

If there is a balance on the car, you would continue paying that when you convert.  

There can be some fees to convert associated with the chapter 7 which would be disclosed to the court.  There is a small filing fee $25, and also $26 if you are adding more bills.