Pacer: How to look for converted cases from 13 -> 7?

[rjl0206]

To all,

How do I go about looking for cases that were converted from ch13 to ch7. Thanks all

ray

[justbroke]

There is no easy way. What you could do is see if your court has a published court Calendar. You would look at the Calendar for motions to convert or other hearing matters that look like a conversion. Once you have that case number, you can then look it up to see if it's an actual conversion.

What you need is more about procedure than to look at other cases. The Chapter 7 process is basically the same as the Chapter 13 process, less the Plan and the period of the pending discharge. You will have a new 341 meeting. The main thing is adhering to the local rules for which documents must be filed (a new Form B22A, Schedule I/J, statistical forms) and to file them.

Or do you think you have a specific conversion issue?

[HHM]

Why do you generically need to look for converted cases? It would most likely be a waste of time.

Having said that, there is no way I know of on PACER to specifically look for converted cases. PACER does not give a narrow enough variable in either its Query or Reports tab to conduct such a search.

If you really are desperate (only god knows why you would be) to see one, you would first need to cull through the courts Motion docket. Most BK court websites have this online (the court calender is not on PACER) at the courts website. However, generally these are just PDF forms, so you would have to search through the day looking for "Motion to Convert", get the case number, and then go to PACER to look it up.

[rjl0206]

thanks guys,

Just wanted to see some actual cases in my area of how it went. No luck so far. Im looking specifically for motions to convert b/c decrease in income and see how that played out. Thanks for your help though, I'll keep everyone updated with my case.

[HHM]

Frankly, you are wasting your time. You are trying to get some peace of mind by seeing how it goes, I get that. But one person's circumstances are not yours. There really is no mystery to conversion. If you NOW qualify to file chapter 7, you have an absolute right to convert your case (it says so right in the code), unless the case was previously converted from 7 to 13. The process is very mechanical. Actually, the conversion motion is very routine, the analysis of whether you get to stay in chapter 7 gets done after the conversion.

[rjl0206]

thanks,

Based on my means test from my bk13 I will definitly qualify with my reduced hours/income. Im just trying to seek out if anything similiar has happened where AFTER conversion would present an obstacle to me. IE: new means test w/wo mortgage vs rental, I know it can be different in each area, do i have to do another 6 months lookback etc?. My Attorney said no, and it was on his advice that I DO NOT seek out any new OT/Extra tme at work so as to show a decrease in my income and THEN file around sept/oct. Anyways, Im a wreck, I just want a better understanding as to what will happend POST conversion, do I have to redo a whole means test with a 6 month look back or is it based on current income/circumstance?

[HHM]

Well, you will NEED to do a NEW means test at the time you convert. So whatever has changed or is different will be reflected on that means test.

You do not convert a case based on the means test you did when you filed the chapter 13. To convert, you still need to show a change, and yes, you do an entirely new means test to show you are eligible for chapter 7 relief.

[rjl0206]

thank you

[justbroke]

Actually, let me give you a "procedural" pointer. Whether you need to do this by Motion or by Notice really depends on your particular case. I converted by Notice meaning there is no motion and no hearing on the matter. As HHM pointed out, there is an absolute right to convert in certain circumstances and that right is in 11 USC 1307(a). If you read my blog on conversion, you'll see the sample Notice of Conversion that I submitted and my case was instantly converted.

Where you may need to do this by Motion (a Motion to Convert) is where a creditor or the Trustee has motioned for relief from the automatic stay or a motion to dismiss, respectively.

As I stated earlier, the procedure is the most important part. As HHM also correctly points out, looking at other cases is not indicative of how your case would go.

You can look at my blog but there is a Chapter 13 to Chapter 7 conversion by NOTICE...

• File Notice of Conversion Under 11 USC 1307(a)
• File updated Schedule I/J
• File NEW Means Test on Form B22A (if required in your District)
• File Statement of Intentions
• File New Schedules A-F (depending if you have NEW creditors!)
• Serve Notice of Conversion on NEW Creditors (see above)
• Attend newly scheduled 341 Meeting
• Discharge 60-days following first scheduled 341 Meeting
• Done

It really is that simple. The only thing that could make this difficult is if you have a motion to dismiss or relief from stay, as stated above. Or, if you have previously converted. If you have previously converted (Chapter 7 to 13 back to 7), you may not need a new 341 Meeting. Additionally, such a previous conversion generally requires this to be done by Motion and not by Notice (procedural issue).

[rjl0206]

Thank you!, this makes it much clearer for me. Just one last thing, In regards to Schedule I/J and/or Form B22a, does this require 6 months of paystubs again? Reason Im asking is because 6 months ago I was sporadically either getting overtime or just my alotted time so pay stubs can go anywhere from $1350 ( which is what I normally make) to $2800 w/ lots of overtime. Thanks

[justbroke]

You should follow the local rules for your court/district. I did not need to file any new paystubs. However, the Trustee may ask that you submit them, or it may be part of the "local rules" to bring them to, or submit them before the 341 Meeting. If you are unsure of the requirements for your "new" 341 Meeting, just contact the assigned-Trustee's office to see what paperwork they want in advance of the 341 Meeting.

[rjl0206]

thank you! your laid to rest alot of my concerns...