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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33493
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Situation: I filed chapter 7 bankruptcy in pro se and have

Resolved Question:

Situation: I filed chapter 7 bankruptcy in pro se and have a 341 meeting next week. My mortgage company stoped a 'short sale' will not proceed under chapter 7. They will proceed with the 'short sale' under chapter 13. Question: How do I convert 7 to 13. Is there a form on the Federal Bankruptcy site http://www.uscourts.gov/FederalCourts/Bankruptcy/ or will it require pleadings.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 2 years ago.
Before I answer your question, may I ask why you care whether or not you have a short sale, vis-a-vis a foreclosure?
Customer: replied 2 years ago.
My understanding is that if I discharge chapter 7. And subsequently lender (1st and 2nd td) forecloses on the property with a note (with recourse) I will be left with a deficiency of about $130,000.
Expert:  socrateaser replied 2 years ago.
If you are discharged from Chapter 7, then none of your prior lenders can reach you for a deficiency, because the Chapter 7 discharges your personal liability for all of your loans.

The only time that a lender in California with a 2nd note can reach a borrower after foreclosure, is when the borrower has not successfully been discharged from bankruptcy.

Based upon what you are describing, there is no reason for you to file Chapter 13, and every reason to stay in Chapter 7.

Hope this helps.

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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33493
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
Answered : "Based upon what you are describing, there is no reason for you to file Chapter 13.."

My question regarding how can i convert still remains.

I want to avoid the foreclosure with a short sale. If I discharge then the bank is ready to foreclose. How ever my Lender has stated they will proceed with the short sale under chapter 13.

I have located form on bankruptcy site - Notice of
Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines B9I (Official Form 9I) (Chapter 13 Case) (12/10). Is there an additional form used to request the conversion?
Customer: replied 2 years ago.
The Acceptance was clicked by accident.

As I had stated

My question regarding how can i convert still remains.

I want to avoid the foreclosure with a short sale. If I discharge then the bank is ready to foreclose. How ever my Lender has stated they will proceed with the short sale under chapter 13.

I have located form on bankruptcy site - Notice of
Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines B9I (Official Form 9I) (Chapter 13 Case) (12/10). Is there an additional form used to request the conversion?
Expert:  socrateaser replied 2 years ago.
Which bankruptcy court are you in (southern, central, northern, eastern)?
Customer: replied 2 years ago.
eastern
Expert:  socrateaser replied 2 years ago.
There is no official form. Below, I have provided a form motion and order to convert from Chapter 7 to Chapter 13. You will have to format it on pleading paper and put in the court caption information (name of court, case no., party name, etc.).

If you can't follow the formatting below, then you will have to visit your county public law library and find Collier on Bankruptcy, § CS12.02.

File the motion and proposed order with the court, and serve a copy by mail on the bankruptcy trustee. No hearing is necessary, because you have an absolute right to convert one time from Chapter 7 to 13.

I hope you will carefully consider this conversion before you file the motion and order.

Best wishes.

Order Converting Chapter 7 Case to Chapter 13—No Prior Conversions; 11 U.S.C. § 706(a); Fed. R. Bankr. P. 1017(f) UNITED STATES BANKRUPTCY COURT [Name of District] [Caption as Official Form 16B, See Form No. CS26.02-2]

[Name of Debtor], debtor herein, moves for an order converting this case from a case under chapter 7 to a case under chapter 13 of the Bankruptcy Code, and would show the court the following:

1. The debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Codeon [Date Petition Filed] and the case has not been converted under section 1112, 1307, or 1208 of the Code.

2. Debtor is eligible to be a debtor under chapter 13 of the Bankruptcy Codein that debtor is an individual with regular income as that term is defined in section 101 of the Code.

3. [Select: A copy of the debtor’s proposed plan dated [Date of Debtor’s Proposed Plan] is attached or The debtor intends to file a chapter 13 plan within such time as provided by the Rules.]

WHEREFORE, debtor prays for an order converting this case from a case under chapter 7 to a case under chapter 13.

Dated: [Date of Signature]

 

_________________________________
Debtor _________________________________
Attorney for Debtor
[Street Address]
[City, State Zip Code]
[Telephone Number] STATE OF [Name of State]
COUNTY OF [Name of County] ss.:

I, [Name of Debtor], the debtor named in the foregoing motion, do hereby swear that the statements contained therein are true according to the best of my knowledge, information, and belief.

 

_________________________________

Subscribed and sworn to before me on [Date of Signature]

 

_________________________________
Notary Public,
[Name of County] County, [Name of State]

Bankruptcy Consumer
Practice Area(s): ; Other
Jurisdiction(s): U.S. Bankruptcy Court, All Districts Form No. CS12.02-2 Order Converting Chapter 7 Case to Case Under Chapter 13—No Prior Conversions; 11 U.S.C. § 706(a); Fed. R. Bankr. P. 1017(f)1
UNITED STATES BANKRUPTCY COURT [Name of District] [Caption as Official Form 16B, See Form No. CS26.02-2] Order Converting Chapter 7 Case to Case under Chapter 13

The debtor has filed a motion, in accordance with 11 U.S.C. § 706(a), seeking to convert this case to a case under chapter 13 of the Bankruptcy Code. The court has considered the record, and finds that the case has not been converted previously under 11 U.S.C. § 1112or § 1208, or § 1307.

IT IS ORDERED THAT:

1. This chapter 7 case is converted to a case under chapter 13.

2. The chapter 7 trustee within 30 days of the date of this order shall file:

  • a.an account of all receipts and disbursements made in the chapter 7 case, and
  • b.a report on the administration of the case pursuant to 11 U.S.C. § 704(9).

3. The trustee forthwith shall turn over to the debtor all records and property of the estate remaining in the trustee’s custody and control.

4. The trustee or any other party entitled to compensation may within 30 days of the date of this order file an application for compensation and reimbursement of expenses.

5. The debtor within 14 days from the date of this order shall file the statements and schedules required by Bankruptcy Rule 1007(b), if such documents have not already been filed.

6. The debtor within 14 days from the date of this order shall file a chapter 13 plan.

7. [Add Other Provisions as Needed]

Date: _________________

BY THE COURT _________________________________
United States Bankruptcy Judge
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33493
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you

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