Conversion from 7 to 13 and back to 7 341 Meeting

[KAM465]

As some of you may know from previous posts, I converted back to a Ch7 after getting married and wife not currently working.

The question I have is does anyone know how long it takes to get a new 341 meeting scheduled after filing Motion to Convert? The motion to convert was filed on 7/26 and a hearing held on 8/28 in which the judge approved conversion with no objections. Now I sit 3 weeks after approved motion and nearly 8 weeks since filing the motion and still no 341 scheduled. Asked attorney and he said he is still waiting and did not know when they would schedule. Are there any rules the trustee must follow for scheduling from date of filing or conversion?

KAM

[KAM465]

After 3 months from filing motion to convert, they still have not scheduled my 341 Meeting. The last activity was on 10/1 where the CH13 Trustee filed his final audit and returned the overage payment made after the motion to convert was approved.

I have asked my attorney when I can expect to have the meeting and he said not to worry as I am still under the protection of BK and I am not required to fund my CH13 anymore. But it seems odd that it has taken so long to get this closed out.

Anyone here, especially our attorney friends have any thoughts on why it is taking so long?

Regards,

KAM

[justbroke]

I'm probably wrong, but I thought that if you filed Chapter 7, had a concluded 341 Meeting, converted to Chapter 13, but then converted back to a Chapter 7, a "third" 341 Meeting was not required. Again, I could be wrong.

I agree that something is odd and maybe no one is moving the case along. Time to ask your attorney to check with the court to have one scheduled if it is so required!

There should be an Order Converting Case and a Notice of Conversion which should list the dates. Have you checked PACER?

[KAM465]

I'm probably wrong, but I thought that if you filed Chapter 7, had a concluded 341 Meeting, converted to Chapter 13, but then converted back to a Chapter 7, a "third" 341 Meeting was not required. Again, I could be wrong.

I agree that something is odd and maybe no one is moving the case along. Time to ask your attorney to check with the court to have one scheduled if it is so required!

There should be an Order Converting Case and a Notice of Conversion which should list the dates. Have you checked PACER?

Yes it seems odd, upon filing motion to convert my attorney indicated there would be yet another Chapter 7 341 meeting.

Motion to convert was filed on 7/24
Hearing Held on 8/22
Motion to Grant Conversion was entered on 8/26 (Motion Grated without objection)
Appointment of Ch7 Trustee entered on 8/28
Stop Wage Order entered on 9/6
Ch 13 Trustee Filed final Accounting on 10/1

[justbroke]

Any updates on this? I'm serious in that the Clerk's Office (Clerk of the United Bankruptcy Court) may believe that no 341 meeting was required and that is why one was not scheduled. Your attorney should be all over this. Your attorney should be contacting, directly, the Panel Trustee that was assigned and the Clerk's Office.

You should not have to sit around for months to later discover that a.) no Meeting was required or b.) one was required, but EVERYONE thought someone else was going to put it on the docket/schedule.

[KAM465]

Nothing new to add, but I did find the following that may support your theory on no new 341 Meeting. Not sure this applies; my attorney could not verify either, he has never had a 7 (No Asset) to 13 and back to 7 so was going to check.

Rule 1019. Conversion of a Chapter 11 Reorganization Case, Chapter
12 Family Farmer’s Debt Adjustment Case, or Chapter 13
Individual’s Debt Adjustment Case to a Chapter 7 Liquidation
Case
When a chapter 11, chapter 12, or chapter 13 case has been converted
or reconverted to a chapter 7 case:
(1) Filing of Lists, Inventories, Schedules, Statements.
(A) Lists, inventories, schedules, and statements of financial
affairs theretofore filed shall be deemed to be filed
in the chapter 7 case, unless the court directs otherwise. If
they have not been previously filed, the debtor shall comply
with Rule 1007 as if an order for relief had been entered
on an involuntary petition on the date of the entry of the
order directing that the case continue under chapter 7.
(B) If a statement of intention is required, it shall be
filed within 30 days after entry of the order of conversion
or before the first date set for the meeting of creditors,
whichever is earlier. The court may grant an extension of
time for cause only on written motion filed, or oral request
made during a hearing, before the time has expired.
Notice of an extension shall be given to the United States
trustee and to any committee, trustee, or other party as
the court may direct.
(2) New Filing Periods.
(A) A new time period for filing a motion under § 707(b)
or (c), a claim, a complaint objecting to discharge, or a
complaint to obtain a determination of dischargeability of
any debt shall commence under Rules 1 1017, 3002, 4004, or
4007, but a new time period shall not commence if a chapter
7 case had been converted to a chapter 11, 12, or 13 case
and thereafter reconverted to a chapter 7 case and the
time for filing a motion under § 707(b) or (c), a claim, a
complaint objecting to discharge, or a complaint to obtain
a determination of the dischargeability of any debt, or any
extension thereof, expired in the original chapter 7 case.
(B) A new time period for filing an objection to a claim
of exemptions shall commence under Rule 4003(b) after
conversion of a case to chapter 7 unless:
(i) the case was converted to chapter 7 more than one
year after the entry of the first order confirming a
plan under chapter 11, 12, or 13; or
(ii) the case was previously pending in chapter 7 and
the time to object to a claimed exemption had expired
in the original chapter 7 case.
(3) Claims Filed Before Conversion. All claims actually filed by
a creditor before conversion of the case are deemed filed in the
chapter 7 case.

[justbroke]

This is now starting to irritate me! What has your attorney done other than wonder what's going on? Perhaps your attorney should be contacting the Clerk's office! Who wants to just sit around and wait for things... certainly not you and I!

[mlevesque308]

Just curious is there are any updates?

[KAM465]

Just curious is there are any updates?

Nothing new to add.

[AngelinaCat]

I think that if this was me, I'd be in contact with the clerk of the BK Court first thing tomorrow morning. Ask to speak with your caseworker--have your case number handy, as that determines who is assigned to your case.

As I typed the above comment, I also started wondering if you got assigned NEW case numbers each time your 7 converted to a 13, and back again? I would hate to think that some development has been logged into a case number that is no longer valid...

Anyway, call the clerk in the morning and ask if there is anything missing from your file, or some such procedural question. You will be told that you need to talk to your attorney, but ask anyway about the 341. You can even admit that you have talked to your attorney, and he/she doesn't know, and never had a 7 convert to a 13, and back again. The clerks and caseworkers probably haven't had one either.

Good luck to you, and let us know what you find out!

[justbroke]

I agree with Mrs. 'Cat that there is something you could do, and that is call the Clerk's Office and speak with your Case Manager (they are assigned by either SSN or name). This is just too strange!

Your discharge should have come on 10/27/2013.

[KAM465]

Just Received Great News,

It appears no 341 was required.....

DISCHARGE OF DEBTOR
IN A CHAPTER 7 CASE
It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge
under section 727 of title 11, United States Code, (the Bankruptcy Code).

[mlevesque308]

Congrats! Long time coming.

[Drazil65]

Congrats!!!! Go celebrate you have earned it!!!!!

[justbroke]

Just Received Great News,

It appears no 341 was required.....

DISCHARGE OF DEBTOR
IN A CHAPTER 7 CASE
It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge
under section 727 of title 11, United States Code, (the Bankruptcy Code).

A 341 Meeting is not required for discharge, but... I'm happy with the news regardless. Now, the key is the closing of your case. On what date was the discharge entered? Also, did your attorney ever do anything?

Oh, and Congratulations on your discharge.