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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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conversion of an old ch 7 case that was filed in 2008 and the

Customer Question

conversion of an old ch 7 case that was filed in 2008 and the discharge was received in 2008 but the case was reopened in 2010 as trustee thought there were assets that were not reported; and now that trustee is satisfied with the documentation to support the asset did not belong to the debtor but now US Trustee is objecting the compromise and he want the case to be converted to 13. question is can we motion the court to convert into 13 and administered the settelement and does this require of refiling of new schedule I and J? or will it be from 08 schedule I and Schedule J for determining disposable income.Please note the court converted one time in october 2010 and suasponte converted back to ch.7 in November 2010
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

 

You can file a petition to convert to a Chapter 13 if there is proof that you have income to support a repayment plan.

 

Because one requirement of being in Chapter 13 is the ability to pay a plan, you will have to submit current earnings and expenses. Thus, new schedules would be needed.

Customer: replied 3 years ago.
The case was one time converted into 13 and there was an extension for filing a plan was asked separtely from a dismissal motion. The court denied the dismissal and sua sponte converted to ch. 7

Now as a matter of law can we ask the court to convert back to 13 upon US Trustee recommendation and motion the court to have ch. 13 adminster the settlement amount? No disposable income is left from wage earner other than to pay the settlement amount over 60 months.
Expert:  Roger replied 3 years ago.
Yes, you can switch back and forth more than once so long as the court approves it. If the US Trustee is wanting to do this, it should be no problem.
Customer: replied 3 years ago.
so the next question is if there exist a settlement amount of $15K and if we mention that settlement amount when we motion the court to convert to 13, will listing the settlement amount be an issue? The debtor already received the discharge and there are no other assets.
Expert:  Roger replied 3 years ago.

I assume that the reason for the conversion is the settlement money being received as you now have money to pay creditors. Thus, I don't see how this would be a problem.

Customer: replied 3 years ago.
The settlement amount was agreed with Ch.7 trustee as part of compromise and now the US trustee objected the compromise and he said he withdraw his objection if the case convert to Ch.13. So, if the court is motioned to convert this to Ch.13 with this settlement amount listed in the motion, will there be any issue in granting the motion????

again the debtor got discharged and no other assets and the debtor acting on the trustee recommendation to convert to Ch.13 so that the US trustee withdraw his objection to compromise......
Expert:  Roger replied 3 years ago.
If the trustee and the debtor agree, I don't see it being an issue to get the motion granted as the court isn't really going to have a position. The court is usually happy if the trustee is.
Customer: replied 3 years ago.
Once the case converted to Ch.13, is there new rule set or new amount of settlement that the debtor has to come up??? or can the debtor rely on the old settlement amount that was agreed with Ch.7 trustee and the only reason debtor is converting to Ch. 13 is so that the US trustee withdraw his objection to compromise.

Again the debtor already got the discharge and no secured or unsecured creditors are there for the debtor to pay off their debts and there are no other assets that the debtor possessed.

If there is already a discharge then why subject the debtor to a different repayment plan and different settlement amount.
Expert:  Roger replied 3 years ago.

It doesn't appear that the trustee objects to the settlement amount as he/she has stated if the case is converted, the objection will be withdrawn. Thus, it doesn't appear that the trustee has an agenda to challenge the compromised settlement.

 

I don't think the trustee is going to challenge the settlement amount based on your previous posts.

Customer: replied 3 years ago.
In reference to your response below, which trustee are you referring to: Ch7? or Ch 13? I know CH7 trustee was notice to the motion of conversion but do not if Ch 13 was also noticed at the same time for conversion by ECF? I know Ch 13 can look at this motion in ECF but only if he knows about it..

"If the trustee and the debtor agree, I don't see it being an issue to get the motion granted as the court isn't really going to have a position. The court is usually happy if the trustee is."
Expert:  Roger replied 3 years ago.
The US trustee is who I thought we were talking about in terms of the conversion.

I can't tell you what the 13 trustee will do. However, he/she has no say until the case is converted.

However, if the 7 trustee and US trustee don't object, I think the odds are the 13 trustee would not object either.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26895
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
what kind of issues we can run with Ch.13 trustee?

Do we have to file current schedule I and J and the disposable income of current year 2011 or the old one 2008? I know we have to submit a plan but do not know what the Ch.13 trustee is adminstering the plan as there are no creditors as the debtor received the discharge and no assets. Any light on this issue???
Expert:  Roger replied 3 years ago.
I think you'll have to wait on the conversion and see what the court directs you to do. However, I think that you will have to submit new schedules of income and expenses.

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