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If I am in a Chapter 13 Bankruptcy, can I convert to a Chapter 7 Bankruptcy and use the new Colorado Exemptions?

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The short answer is no.

The new Colorado exemptions only apply to cases filed  after April 7, 2022.  If it makes sense to dismiss your Chapter 13 Bankruptcy and you currently qualify to file a Chapter 7 bankruptcy then it may be an option. However, you must qualify to file a Chapter 7 Bankruptcy. If you have previously filed Chapter 7 Bankruptcy, you must wait a minimum of 8 years and one day from the date of your previous filing.  You should give yourself a couple of weeks extra just be sure. You must also show that your income is below the median income per form 122A-1 or that you have no disposable income per form 122A-2. You should also be able to show that when you compare you monthly net income with your monthly expenses that you are upside down or close to break-even. Not all expenses that you deduct from your  income are deductible  in this determination. So, you need to be careful.

You should consult with your bankruptcy attorney before  you decide to get out of Chapter 13 as is may have significant negative consequences.

May 26, 2022/by Howard Goodman
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https://www.howardgoodmanlaw.com/wp-content/uploads/2020/04/howard-s-goodman-logo.fw_-3.png 0 0 Howard Goodman https://www.howardgoodmanlaw.com/wp-content/uploads/2020/04/howard-s-goodman-logo.fw_-3.png Howard Goodman2022-05-26 23:04:242022-05-26 23:04:24If I am in a Chapter 13 Bankruptcy, can I convert to a Chapter 7 Bankruptcy and use the new Colorado Exemptions?

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