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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38507
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Is the following email statement from my trustee correct.“Under

Resolved Question:

Is the following email statement from my trustee correct.“Under the Bankruptcy Laws, debtors may convert to another chapter within the Code as a matter of right. My permission is not required; however, no conversion is effective unless and until the court approves it.”
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.
From Chapter 7 to Chapter 13, the first conversion is "as a matter of right." But, you must file a motion and proposed order requesting the conversion.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
and this can be done during the 60 day period before discharge which will cause a new creditor hearing.
Customer: replied 5 years ago.
I have the content for the motion i received from you and will be filing it after the 341 meeting on Monday.
Expert:  socrateaser replied 5 years ago.
Fraudulent concealment of assets or misrepresentation of the value of assets, can be used by the bankruptcy trustee to object to the conversion. See Marrama v. Citizens Bank of Mass. (2007) 549 U.S. 365, 374-375 (conversion denied because Chapter 7 debtor's fraudulent prepetition concealment of significant assets made him ineligible for Chapter 13)). Other than that, you have the right to convert, as far as I'm aware (there is always the possibility that I'm missing something in the case law, or that the bankruptcy trustee will come up with a new legal theory for "bad faith" or "abuse of the bankruptcy process."

You won't know that, unless and until you file the motion to convert.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!