Our attorney will be filing our Motion to Convert to a Chapter 13 within the next. As has been the case with our attorney, everything waits to the last minute. I am wondering when the Motion is filed, do the new Schedules I & J and the Means test get filed at the same time as the Motion or does the Motion get filed first and need approved by the court before the other documents are filed? I want to review the documents prior to them filing as his past paralegal made many mistakes in the figures.
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Depends upon the attny’s internal procedures. My office, on the day the Motion to Convert is filed, also files. . .
1. Amended Schedule I and J showing debtor can afford the Plan payment.
2. The Chapter 13 Plan.
3. Means test analysis (but that dates from the original filing date and is nothing more than converting the one already on file to match the form used in a 13 as opposed to a 7 - the bk program we use does this automatically).
4. Chapter 13 Rule 2016 Statement for attny fees.
I think that covers it. All (but the attny fee statement) are signed by the client and ready to go before filing the Motion to Convert. Our position is that since the above items have to be filed shortly after the case is converted, why wait.
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Did they require you to provide current bank statements? Or just use the ones already filed.chpt 7 ,5-2009Comment
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