I would like toconvert my chapter 13 to a chapter 7 and I am unsure of what form to fill out.

Question Details: Which form should I submit to the courts for a conversion from chapter 13 tochapter 7.

Asked 10/15/2009 under Bankruptcy | 284 View(s) | More Legal Topics

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Bankruptcy Law Answers

First of all, Chapter 13 bankruptcy can be converted to a Chapter 7 but only if eligibility is met.  The two requirements for converting from a Chapter 13 to a Chapter 7 are:  (1)  that the case has not previously been converted; if it has, it is not possible to convert the case to a Chapter 7, and  (2) successful completion a new Means Test form; this is how the court decides if a debtor is eligible to file for Chapter 7 bankruptcy.

Assuming that these requirements have been met, a "Notice of Conversion" will need to be filed with the bankruptcy court. (There is a conversion fee that must be paid when this notice is filed.)  The next thing that the debtor must do is to attend the "Meeting of the Creditors"; this is when the creditors can object to the plan.  (The trustee's office will send the debtor and, if there is one, his attorney the scheduled time and place of this meeting.)  The trustee will then make a decision to approve or deny the debtor's request based on the information submitted by the debtor as well as any objections from creditors.  Here's a link to a site that will walk you through the process step-by-step:  http://www.ilnb.uscourts.gov/roboinfo/notice_events/notice_of_conversion_to_chapter_7_&_split_case.htm

As for the consequences of doing so, you will now be subject to the rules governing a Chapter 7 bankruptcy.  Here's a link to a site that will discuss the basics:  http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter7.html

At this point, if you don't already have an attorney you may want to consider getting one.

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