CAN I CONVERT MY CHAPTER 7 CASE TO A CHAPTER 13 CASE?

Lots of debtors wonder whether they can change their minds after they file their Chapter 7 cases.  If a debtor wants to convert his or her Chapter 7 case to a Chapter 13 case, the debtor will have to file a motion to convert with the Bankruptcy court.  The Court will likely have to hold a hearing where the debtor will have to tell the judge why the debtor wants to convert the case.  The Chapter 7 trustee may object to the debtor’s motion.  If the judge grants the motion, the debtor is expected to stay in the Chapter 13 plan.  A debtor should be aware that if the debtor has a great deal of equity in his or her property that is not exempt, the debtor may have to pay a significant amount back to the general unsecured creditors under a Chapter 13 plan.

 

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Justin M. Myers

Justin M. Myers Attorney-At-Law, LLC

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South Jordan, UT 84095
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