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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Can I reopen my bankruptcy and change it from chap 1- to chap

This answer was rated:

Can I reopen my bankruptcy and change it from chap 1- to chap 13?

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

it would depend on how long the case was closed,

WALLSTREETESQ :

if you want to convert it to a chapter 13 after a discharge it would not be possible as all your debts were already discharged,

WALLSTREETESQ :

however if the discharge did not go through it may still be possible to convert to a chapter 13,

WALLSTREETESQ :

be aware a chapter 13 is a payment plan bankruptcy,

WALLSTREETESQ :

and your debts would not be discharged until after completion,

Customer:

yes, I am in a lawsuit with the bank that allegedly foreclosed. They foreclosed after my bankruptcy.

Customer:

There was a trustee on the bankruptcy. I did not put a value on the lawsuit because I didnt know I was going to sue them and didnt know I would lose my home-


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HoweverWikipedia: However is the 12th single release by Japanese band Glay on August 6, 1997.

Customer:

not sure what those funny images are sorry

WALLSTREETESQ :

why would you convert it, you can just add the creditor to your original

WALLSTREETESQ :

bankruptcy

Customer:

- Because now they are claiming I should have valued the lawsuit, that wasnt filed yet, and that I committed fraud by not declaring it

WALLSTREETESQ :

if you did not know about the lawsuit there would be no fraud,

Customer:

I am afraid the trustee, who is or was in control, will dismiss my lawsuit- I want to be in control of my money?

WALLSTREETESQ :

if you want it discharged,

WALLSTREETESQ :

you would file a motion to reopen to list the lawsuit now,

Customer:

They are asking to have my bankruptcy reopened now.

Customer:

I am suing the bank for millions for wrongful foreclosure

Customer:

Should I file to repopen the bankruptcy and then could I add the lawsuit and make it chapter 13?

WALLSTREETESQ :

when did you file the lawsuit?

WALLSTREETESQ :

no

WALLSTREETESQ :

when did you file the lawsuit?

Customer:

a few months after the bankruptcy I think, let me count ...

WALLSTREETESQ :

did you tell the bankruptcy court about a possible lawsuit?

Customer:

yes, but at the time it was only valued at $25,000 because I had not lost my home yet, so I was just looking to be paid back the payments and interest

WALLSTREETESQ :

any award you get can be taken by the court to pay creditors, that is if you win

WALLSTREETESQ :

you would be better off, just pursuing the lawsuit,

WALLSTREETESQ :

and advising the court,

WALLSTREETESQ :

or filing an amendment to add the lawsuit,

Customer:

thats okay. I would expect that. But I am afraid of the trustee being in control of it if they reopen the bankruptcy?


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WALLSTREETESQ :

it would not matter,

Customer:

Could I file to change it to chap 13 and add the lawsuit?

WALLSTREETESQ :

typically they send a letter to your attorney, asking for an update of the case,

WALLSTREETESQ :

no a conversation at this time is not possible,

Customer:

The bank is asking for it to be reopened

WALLSTREETESQ :

I do not see any benefit either,

WALLSTREETESQ :

if the bank has the case reopened,

WALLSTREETESQ :

you could file a motion later to convert the case to a chapter 13

WALLSTREETESQ :

after the case is opened,

WALLSTREETESQ :

if the case is reopened,

WALLSTREETESQ :

under the bankruptcy code you can file a motion to convert to a chapter 13

Customer:

so I should have a motion ready?

WALLSTREETESQ :

yes,

WALLSTREETESQ :

if that is what you want,

WALLSTREETESQ :

a sample motion should be available online, or at the bankruptcy court library or clerks office

Customer:

I dont want the trustee to gain control of the lawsuit.

WALLSTREETESQ :

that could happen in a chapter 13 as well

Customer:

that the trustee is in control? and can settle for you for whatever amount they want?

WALLSTREETESQ :

yes if the case is in a chapter 13 he has control of the lawsuit,

WALLSTREETESQ :

since you filed recently, he could ask to have control of it now as well,

WALLSTREETESQ :

I would not worry too much about control,

WALLSTREETESQ :

your attorney would have the control, the trustee will only ask for updates, not force a settlement

WALLSTREETESQ :

you would be able to regardless,

Customer:

I didnt have an attorney on the bankruptcy but I have help with the Bank lawsuit.

WALLSTREETESQ :

that is good,

WALLSTREETESQ :

the bankruptcy court would allow the attorney to pursue the lawsuit in court,

Customer:

OKAY. I was afraid if they reopened it, per the banks wishes, that the trustee would negotiate with the bank for less than I want.

WALLSTREETESQ :

they could take an award to pay off your creditors

Customer:

Thats fine, no problem. I just dont want the trustee to be in control of the outcome of the lawsuit.

WALLSTREETESQ :

that would not happen,

Customer:

okay. great. Is there any laws I can look up that would help me understand it?

WALLSTREETESQ :

the laws allow a trustee to control all assets of a person who file bankruptcy, however, if a lawsuit was filed, they will investigate the matter, and usually allow the attorney to finish the case, and take any assets to pay creditors,

Customer:

okay thanks.

WALLSTREETESQ :

If the trustee wants to take the case over, and force a settlement, then consider a chapter 13 conversion,

WALLSTREETESQ :

then you can control the lawsuit,

WALLSTREETESQ :

that is the only reason a chapter 13 can help you

Customer:

thats what I was asking- how to do it

WALLSTREETESQ :

you file a motion to convert after the case is opened, it can be filed at anytime after the case is opened,

Customer:

Do I need a reason?

WALLSTREETESQ :

no, a debtor has an absolute right to convert to a chapter 13 as it is a payment plan bankruptcy

Customer:

ok- so I can file a motion asap if they reopen the case. thanks

WALLSTREETESQ :

yes,

Customer:

ok. thanks

WALLSTREETESQ :

good luck,

WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you