341 tomorrow, please advise - can they convert me to ch 13?

[lovecoffee]

My 341 hearing is tomorrow. To say that I'm worried is an understatement. I have a very high amount of unsecured and secured Real estate debt but I'm filing for ch 7 anyway... because my consumer debt is very small compared to my RE "investment" debt. My question is this: who decides if I'm allowed to file for Ch7 and when? Is it the trustee? Does this happen during the 341 hearing? My worry is that I'll be pushed into the ch 13 instead. When will I know for sure that I did get the ch 7?
many thanks for any advise

[justbroke]

They can't convert you to a Chapter 13. That would need to be voluntary. They can, however, file a motion to dismiss your Chapter 7 case. If you are a "non-consumer" case and have filed your forms appropriately (marked "non-consumer" and "business" in the right places, including on the Official Form B22A)... you need not worry.

The only way to really keep a "non-consumer" (business) case from being discharged, is for the United States Trustee (UST) or the Panel Trustee to find actual fraud or that you lied on your Petition (attempted to hide assets, etc, etc).

Don't be surprised if the UST shows up at your 341 Meeting. This is usually an indication that the UST is going to probe deeper into your case. However, as a non-consumer case, you really have nothing to worry about unless you filed false forms or committed fraud.

Take it from a non-consumer filer!

[angles]

I have been through this stressful question myself, and from what I read filing non-consumer seems simpler in most respects, but depends on which circuit you are in as well. Since you had your 341 today, can you share your experiences? I expect to file sometime this month.