I often face a question concerning whether to convert a Chapter 13 case or dismiss and re-file. There are several things to consider but in every case, I believe that debtors should should have a resolution that completes their case with some kind of debt relief.

In 2005, Congress changed the code to include the addition of claims against the estate or the debtor that arise after the petition date but before conversion, under Section 348.. Those claims will be allowed and treated as if they occurred prior to the filing of the bankruptcy, which means that you are safe in converting even if you have incurred new debt.

However, there is an additional issue, have you acquired property post-filing or has the value of a house, car, increased or decreased etc.. since the filing date? Have exemptions or other bankruptcy codes changed since the filing date? If any of those things have occurred, it may make sense to dismiss and re-file a new case with your attorney re-evaluating your assets and debts to make sure that you get discharge with a real fresh start.