converting to 7

[lsmartin]

I am 2 1/2 years into a 5 year Chap.13, I had to file a 13 because we were above the median income. If I were to retire from my job I would pass the means test for a chap.7. My question is, would the court permit me to convert? I want to retire primarily because of poor health,but also of concerns of possible politcaly driven changes to my retirement system.(Ohio PERS).

[Lalalink]

If you didn't have any prior Chapter conversions, then yes you can convert. Will you be able to exempt all of your assets under a Chapter 7?

[lsmartin]

Yes,I would be able to exempt my asset(such as they are),and no I have no previous conversions.Would I apply directly to the court or through the trustee? Thank You In advance for any help you might give,

[Lalalink]

I am not a lawyer and have only filed Chapter 7 pro-se. But JustBroke has a blog entry about converting from Chapter 13 to Chapter 7 in his district in Florida. Here's the link: http://www.bkforum.com/entry.php?305...3-to-Chapter-7

It looks like New Carlisle is in the Southern District of Ohio and this is what I found:

• Prepare and file a notice of conversion
• Pay the $25 filing fee for conversion
• File a motion and order to terminate the pay order
• File a notice under bankruptcy rule 1019 to update any of your schedules as needed to reflect a reduction in income, and most importantly any new creditors you took on after you filed your chapter 13 case.

Once it is converted, it may be necessary for you to attend another meeting of creditors with a chapter 7 trustee.

I would call your Bankruptcy Clerk and ask if you must file a Means Test in your district. Although it looks like JustBroke had to file one, you may not have to.

I would also have all my questions answered prior to converting. Hopefully someone can correct me if I'm wrong.

Lala

[justbroke]

Whether conversion is the appropriate strategy for your District requires some research. You "might" call a few attorneys for a free consultation on that issue. Specifically, is whether a new means test is required AND whether you would have needed to qualify for a Chapter 7 at the time you filed your Chapter 13 case.

In my case, I qualified at the time I filed my Chapter 13 case based on my expenses and income (even being well over the median). An additional thing for me was that I'm a non-consumer. I technically did not need to file a new Means Test, but I did, but it was only a rehash of my Chapter 13 Means Test (Form B22C) to a Chapter 7 Means Test (Form B22A) with all the same numbers.