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converting case post discharge
Mark:
I successfully converted a Chapter 7 case to Chapter 13 eight months after the Chapter 7 discharge was entered. Judge Russell was the judge and it was converted over the objection of a party who wanted to settle litigation by the Debtor against it. The Debtor wanted to convert the case to maintain control over the litigation. The Chapter 7 Trustee had an admin. claim in the Chapter 13 case which was paid in full. And yes, the case was reassigned from Judge Russell to a Chapter 13 judge after the conversion. The discharge was not vacated.
Contact me off-list if you'd like the case information.
Jim
James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
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Mark:
These cases pose a difficult problem. First the discharge has to be vacated, and a lot of judges won't vacate the discharge.
Second, there are a lot a cases that say that once a trustee takes action in a case based upon the way the debtor filed the exemptions, the debtor cannot amend. Why? Because the trustee wouldn't have tried to take the action, hire a broker, make a motion to sell, if the proper exemption had been taken and someone has to pay the trustee for the work done based upon the improper claim of exemptions.
Some judges make your client refinance and pay the trustee what the trustee's and the broker's fees are to date. It is a bit of a sick system.
I have won some of these and lost some. It all comes down to the rule, Know Thy Judge. If you have a sympathetic judge, you will win. If you have a former prosecutor as your judge, you will lose.
This is why I went off of the panel. I did not have the stomach to sell peoples homes and throw them on the street. The first time I signed a deed to sell another human's home I lost my enthusiasm for being a trustee.
There are lots of trustee's who revel in throwing your client on to the street. The second rule is Know Thy Trustee.
Good luck,
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Nov 6, 2013, at 6:23 PM, "Mark J. Markus" wrote:
>
> Did you request the discharge be revoked? I've got Barry Russell in this, but he wouldn't be the 13 judge....wonder what would happen....
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
> On 11/6/2013 6:19 PM, stephenburtonlaw@yahoo.com wrote:
>> Tried that once with mund. She revoked the discharge.
>> Sent via BlackBerry by AT&T
>> Sender: cdcbaa@yahoogroups.com
>> Date: Wed, 06 Nov 2013 18:16:18 -0800
>> To:
>> ReplyTo: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] converting case post discharge
>>
>>
>> Hi all,
>>
>> Can a Ch. 7 case be converted to Ch. 13 after a discharge has been granted in order to revest property of the estate in the debtor?
>>
>> I've been approached by a debtor (unhappy with his present attorney) who has a Ch. 7 Trustee trying to sell his house, claiming it's worth $100,000 more than a valuation debtor obtained. He also says he will object to any amendment to take the $75k homestead exemption.
>>
>> I don't usually get involved at this stage. Is it too late to convert to stop the Trustee from selling the property and does he have a legitimate basis to object to the debtor taking the exemption now?
>>
>> Thanks,
>> Mark
>>
>>
>> --
>>
>> ******************************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> Mailing Address Only:
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist- The State Bar of California Board of Legal Specialization
>> This Firm is a Qualified Federal Debt Relief Agency
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>>
>> --
>>
>
>
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charset-ascii
Exemptions can be taken at any time prior to the close of a case. If the creditors are going to get more through a chapter 13 case than the sale, it is not I the best interest of creditors to sell the property.
Sent from my Stella Havkin's IPhone
> On Nov 6, 2013, at 6:23 PM, "Mark J. Markus" wrote:
>
> Did you request the discharge be revoked? I've got Barry Russell in this, but he wouldn't be the 13 judge....wonder what would happen....
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
Exemptions can be taken at any time prior to the close of a case. If the creditors are going to get more through a chapter 13 case than the sale, it is not I the best interest of creditors to sell the property.Sent from my Stella Havkin's IPhoneOn Nov 6, 2013, at 6:23 PM, "Mark J. Markus" <bklawr@yahoo.com> wrote:
Did you
request the discharge be revoked? I've got Barry Russell in
this, but he wouldn't be the 13 judge....wonder what would
happen....
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
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