After 341 and Trustee's Report of "No Distribution" can 7 still be converted to 13

[tazunemono]

Just wondering, what is the decision point for the trustee to make such a determination?

So I'm waiting for time to expire on my case, already had 341 and a report of "no distribution" issued.. What are the chances of a trustee making a case for converting me to a CH13 AFTER this stage? Does this sort of thing ever happen? What would be required, besides a thorough review/audit of the information provided?

I'm sure some 7's are converted to 13's but this is rare? I think 13 to 7 is more likely.

[btbeme]

I have to assume (and feel safe in assuming) that you are asking simply out of morbid curiosity rather than a guilty conscience.

If the Trustee were to be made aware of something that you were hiding or hoping they would not find (or figure out) your Ch 7 can be "reviewed" for fraud or a change in the totality of circumstances - likewise if you were to honestly file an amendment indicating something you are required to report, such as an inheritance.

Now, even after discharge, if the Trustee sees something amiss, they can reopen the file (but must have some pretty solid evidence of fraud, etc).

Frankly, if the Trustee (usually a UST) takes a keen interest in your file after a "no distribution" report, a Ch 13 would be small potatoes compared to what COULD happen.

[AngelinaCat]

I think that if you were going to have any trouble with your case, you would know before now.

I haven't heard of a Chapter 7 being converted to a Ch13, but in our case, we were an Asset Case, and had to make monthly payments of $450.00 to the trustee for a year, to buy back our non-exempt items. We also had a Preferential Insider situation, and had to make payments on that to keep the trustee from going after the DD and SIL.

Those payments made it feel like a 13.

[tazunemono]

Nothing to hide, just a case of "anxiety" about what COULD happen lol That's just my personality - I play thru all scenarios in my head.

Good to know that this is rare, but it CAN happen under certain circumstances.

[tobee43]

i also think you would have known by now from your atty that the trustees feel you didn't pass the means tests, the only thing as ms cat has pointed out, is the trustee may be overlooking the situation with respect to a possible asset case. however, you atty should have a clue about that as well by this time.

good luck!

[jst4f]

Nothing to hide, just a case of "anxiety" about what COULD happen lol That's just my personality - I play thru all scenarios in my head.

Good to know that this is rare, but it CAN happen under certain circumstances.

Yes paranoids can have real enemies but it is not going to happen if your case is clean, which you told us it was. Relax, breathe and it will soon be over and you will have your fresh start.