Can you convert a Chapter 13 to a 7?

Answer 1

You have a right to convert a case, so all you have to do is file a Notice of Conversion. If your district has no rules about the form of the Notice, then you can just create a document with the typical caption, title it "Notice of Conversion of Chapter 13 Case to Chapter 7 Case" like this:

UNITED STATES BANKRUPTCY COURT

____________DISTRICT OF _____________

________DIVISION

In Re: _____________, ) Chapter 13

)

Debtor ) Case No. 09 B ______

)

) Judge _____

NOTICE OF CONVERSION OF CHAPTER 13 CASE TO CHAPTER 7 CASE

PLEASE TAKE NOTICE that this case is converted to a Chapter 7 case pursuant to §1307 of the US Bankruptcy Code.

X________________________

[Name of Debtor or attorney]

CERTIFICATE OF SERVICE

I certify that I served copies of the above Notice to the parties listed on the attached

Service List at the addresses indicated by First Class US Mail on the ____ day of

______, 20____.

X________________________

[Name of Debtor or attorney]

Answer 2

You file a motion to convert, with copies to the trustee, the US Trustee and creditors. You have to file the appropriate documents for a chapter7 and may have to amend filed documents. Check your court's local rules and forms.

Answer 3

Yes, the necessities would be to be eligible for a chapter 7. If the means test was why you filed a chapter 13, then you would want to re-examine your income now to see what has changed.

The pros - you no longer have a plan payment to make

Answer 4

Discharged? Done, over, a fin compli....you can't nor would you ever want to in any possible way or circumstance

Is that a shark fin?

Until the case is closed you may be able to convert it, although you will need a very good reason after discharge. Short of fraud by a creditor causing the debt to be excluded, it is unlikely.

You may be able to file a chapter 13 after the 7 is closed, if you need to keep a house in foreclosure, for example. Consult an experienced bankruptcy in your area.

Answer 5

C-11 is available, instead of C-13, virtually exclusively to Corporations, or at the least, going businesses. C-13 is not available to these same entities. A C-11, a financial reorganization while continuing operations, would not seem to be applicable in any individual use anyway.

Answer 6

Chapter 13 is recommended if:

• You have debts that are not dischargeable in Chapter 7
• You are in default on mortgages or car payments
• You have more property than can be exempted under Chapter 7
• You owe taxes or other debts that are not dischargeable in Chapter 7

I put that information there because it is important that you determine whether you fit into the category of a person that chapter 13 (rather than chapter 7 or no bankruptcy filing) would be a good option.

Because Chapter 13 takes time and dedication on the debtor throughout the whole process, I strongly recommend that you contact a bankruptcy attorney to help with the filing.

Answer 7

Yes, it's called "converting to" the other chapter. You cannot go back as easily, however, so make sure it's what you want to do.

Answer 8

Chapter 13's can be converted (transferred) to a Chapter 7, but it depends on a multitude of other requirements.

Answer 9

Yes.