Converting to Chapter 13
Posted: Fri Aug 26, 2016 1:42 pm
I had a similar case many year ago. I filed a Chapter 7 then later
for some special reasons, client and I wanted the case to be converted to
Chapter 13. According to the code, we have an absolute right to convert.
I filed the document to convert the case but the court did not immediately
convert the case. Instead, the judge set a hearing and asked me to explain
why the case was not filed as a Chapter 13 in the beginning.
I think in your application to convert to CH 13, you should include
a declaration explaining what is the change of circumstances or else the
judge may deny the application.
On Fri, Aug 26, 2016 at 11:55 AM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Debtor filed a skeletal Ch7 last minute to stop a sale. Debtor is not
> eligible for Ch7 due to income. We need to convert to Ch13. Do we need to
> file schedules first then convert? I assume the Ch7 trustee might take
> issue with conversion before he sees the schedules.
>
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> [image: New Professional Pic2]
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> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
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> *Fax: 562-249-8435 *
>
> *Licensed in California*
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I had a similar case many year ago. I filed a Chapter 7 then later for some special reasons, client and I wanted the case to be converted to Chapter 13. According to the code, we have an absolute right to convert. I filed the document to convert the case but the court did not immediately convert the case.Instead, the judgeset a hearing and asked me to explain why the case was not filed as a Chapter 13 in the beginning. I think inxplaining what is the change of circumstances or else the judge may deny the application.On Fri, Aug 26, 2016 at 11:55 AM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] <
Debtor filed a skeletal Ch7 last minute to stop a sale. Debtor is not eligible for Ch7 due to income. We need to convert to Ch13. Do we need to file schedules first then convert? I assume the Ch7 trustee might take issue with conversion
before he sees the schedules.
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Phone:
Fax: 562-249-8435
Licensed in California
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