Converting from a 13 to a 7 and creditor objections

[edwinhil]

So, this brings up an interesting question. What if you are already over a year into a chap 13, income goes away, and now you need to convert to a 7? Do they go back to the original filing of the 13 and look for the 70/90 day benchmarks, or does it go from the date of the conversion? This ought to be a little tricky I would think.

[AngelinaCat]

Hi edwinhil. Welcome to the forum. I moved your post into a thread of its own where it will be seen by more posters, and will get more responses.

Good wishes to you.

[justbroke]

So, this brings up an interesting question. What if you are already over a year into a chap 13, income goes away, and now you need to convert to a 7? Do they go back to the original filing of the 13 and look for the 70/90 day benchmarks, or does it go from the date of the conversion? This ought to be a little tricky I would think.

Technically, it goes from the date of the filing. This is because a conversion from one Chapter to another, is treated as a petition filed under that new Chapter, under the original petition filing date.

If the case wasn't previously converted from a Chapter 7, and subsequently converted back to a Chapter 7, then a new 341 Meeting is scheduled and a new deadline to determine dischargeability is set. However, if the case was a prior converted Chapter 7 case that actually concluded the 341 Meeting, no new 341 Meeting is scheduled and the original dischargeability date is not moved.

It's not tricky at all, and is clearly indicated in the Code and there's very good caselaw on the topic.

[aces67]

We converted after being in a 13 for approximately 2 years. We had a new 341 hearing and the case went back to the original filing date.

The only thing tricky about it was dealing with creditors. They couldn't understand how and why we were converting and didn't understand all the laws/rules that went with it.