Question about conversion from ch13 to ch7

[Startinglife]

Hello everyone,


I have been in a Chapter 13 for a while now...filed Pro se and have been making payments...do to a job cut back I will not be bale to make the payments anymore...so the trustees office told me I have the option to convert to a chapter 7.

This is where I need a little advice...Do I just file a motion to convert? or how do I do it? Any advice at all would help me...thanks so much!

[AngelinaCatHub]

Hello everyone,


I have been in a Chapter 13 for a while now...filed Pro se and have been making payments...do to a job cut back I will not be bale to make the payments anymore...so the trustees office told me I have the option to convert to a chapter 7.

This is where I need a little advice...Do I just file a motion to convert? or how do I do it? Any advice at all would help me...thanks so much!

Welcome here. You have friends. Best bet, download C7 book from Nolo Press. Pdf file. As pro se, read ALL the stickies here on pro se. Yes I think a Motion would do. As pro se, you are allowed to converse with your Trustee directly. My opinion is keep him advised. Don't let him advance on you before you inform him first. Go for the 'high ground'. Best I can do for now. 'Hub

[justbroke]

Absolutely do not file a Motion to Convert unless you know what you are doing! If your case has never been converted before, then you file a Notice of Conversion only pursuant to 11 USC 1307(a). Please make sure, since you are pro se, that you understand the procedures around this. For example, if you have a wage deduction order, then YOU need to file a Motion to Vacate Wage Deduction Order immediately!

You must also make sure you serve that Notice of Conversion on the UST and the Chapter 13 Standing Trustee. If your Case Manager serves all papers on your creditors for you, then you won't need to serve the creditors since they'll get a notice through the BNC (Bankruptcy Noticing Center).

You must also determine whether your District requires a NEW Means Test (on Form B22C). You do not need to even talk to the Trustee since this is an absolute right to convert... so long as you are qualified for a Chapter 7 discharge.

No one in the Clerk's office or the Trustee's office is going to really help with the "legal" aspects of a Notice of Conversion. You will have no hearing, and a new 341 Meeting will be set. You will have a new Chapter 7 Trustee. If the current Trustee is holding money (undistributed) you may need to -- and I would -- file a Motion to Compel Turnover of Funds against the Chapter 13 Trustee. You need to make sure the Chapter 13 Trustee doesn't hand over outstanding Chapter 13 funds to the Chapter 7 Trustee -- since it's not property of the Chapter 7 estate.

Lots of things to know! There may be more information in one of my blogs on this topic.