Central District Consumer Bankruptcy Attorney's Association

Take a look at Section 302(b). "After the commencement of a joint case,
the court shall determine the extent, if any, to which the debtors' estates
shall be consolidated."
This tells us two things: 1. There are two estates in a joint case, and
2. The court has the authority to determine the extent to which the two
estates are consolidated.
You can make a motion to have the two estates separated into separate cases
and convert just one of the cases.
So, it isn't converting a half of a case, it is a two step process, get the
joint cases separated and then move to convert just the one debtor. If I
recall, I haven't done this is maybe 25 years, but the court will want
another filing fee for the second case number to be issued.
dennis
On Tue, Aug 13, 2013 at 11:57 AM, wrote:
> **
>
>
> ** Why not a motion to bifurcate the debtors if there is such a thing?
> Sent via BlackBerry by AT&T
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> *Date: *Tue, 13 Aug 2013 13:14:26 -0400 (EDT)
> *To: *
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> *Subject: *[cdcbaa] Converting "half" a case
>
>
>
> H&W filed joint chapter 7. 523 complaint against one of them has caused
> consideration of converting to chapter 13. Wondering if only one spouse,
> the sued spouse, can convert to chapter 13. Complaints deadline in chapter
> 7 case has passed. Any thoughts ?
>
>
> Law Office of Eric Alan Mitnick
> 21515 Hawthorne Boulevard, Ste. 1080
> Torrance, California 90503
> (310) 792-5864; 792-5866 (fax)
> MitnickLaw@aol.com
>
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Take a look at Section 302(b). "After the commencement of a joint case, the court shall determine the extent, if any, to which the debtors' estates shall be consolidated."This tells us two things: 1. There are two estates in a joint case, and 2. The court has the authority to determine the extent to which the two estates are consolidated.
You can make a motion to have the two estates separated into separate cases and convert just one of the cases.So, it isn't converting a half of a case, it is a two step process, get the joint cases separated and then move to convert just the one debtor. If I recall, I haven't done this is maybe 25 years, but the court will want another filing fee for the second case number to be issued.
dennisOn Tue, Aug 13, 2013 at 11:57 AM, <stephenburtonlaw@yahoo.com> wrote:
Why not a motion to bifurcate the debtors if there is such a thing?
The post was migrated from Yahoo.

I think they're stuck. It's the case, not the debtor that gets
converted.
Doesn't the 523 case still carry into the 13 after BAPCPA? What's the
advantage of the conversion if that's the case?
Steven B. Lever

The post was migrated from Yahoo.

H&W filed joint chapter 7. 523 complaint against one of them has caused consideration of converting to chapter 13. Wondering if only one spouse, the sued spouse, can convert to chapter 13. Complaints deadline in chapter 7 case has passed. Any thoughts ?
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
H&W filed joint chapter 7. 523 complaint against one of them has caused consideration of converting to chapter 13. Wondering if only one spouse, the sued spouse, can convert to chapter 13. Complaints deadline in chapter 7 case has passed. Any thoughts ?
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com

Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.

The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
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