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Filing Chapter 7 Means Test after converting from Chapter 13?
Arguably, no dismissal for failure to file a B22A may result where 707(b)(1) states "... may dismiss a case filed by an individual debtor under this chapter..."
Two cases ruling on the issue of Ch13 converted to Ch7 have opposite holding:
See In re Fox, Case No. 06-12410 (GMB) (Bankr.N.J. 6/1/2007) holding means test not required.
See In re Perfetto, 361 B.R. 27 (Bankr. D. R.I. 2007) holding means test is required.
Not sure if 9th Circuit has ruled on this issue, please let me know if you find a case.
Peter
"Mark T. Jessee" wrote:
I recently converted a Chapter 13 case to one under Chapter 7. The
Chapter 7 Trustee wants a new Chapter 7 Statement of CMI and means test
filed asserting that the CHAPTER 13 STATEMENT OF CURRENT MONTHLY INCOME
filed shortly before conversion was insufficient. My recollection from
our monthly meeting discussions is that we did not need to file a new
Chapter 7 means test upon conversion to a Chapter 7. Has this
interpretation changed with interim rule 1007(b)?
If we are to file a Chapter 7 means test is this as of the conversion
date or the original filing date?
Mark Jessee
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The post was migrated from Yahoo.
I recently converted a Chapter 13 case to one under Chapter 7. The
Chapter 7 Trustee wants a new Chapter 7 Statement of CMI and means test
filed asserting that the CHAPTER 13 STATEMENT OF CURRENT MONTHLY INCOME
filed shortly before conversion was insufficient. My recollection from
our monthly meeting discussions is that we did not need to file a new
Chapter 7 means test upon conversion to a Chapter 7. Has this
interpretation changed with interim rule 1007(b)?
If we are to file a Chapter 7 means test is this as of the conversion
date or the original filing date?
Mark Jessee
The post was migrated from Yahoo.