How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33850
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
10097515
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

For Socrates Only. I am seriously considering converting

Customer Question

For Socrates Only.

I am seriously considering converting my Ch 13 to a 7.

The primary reason is that a post-petition creditor (whose account is highly contestable) claims that I owe them a five-figure debt which is the result of a scam in which I got entangled.

Would it likely be acceptable to the court to state that the reason for my conversion motion is to include this potential liability ?
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 10 months ago.
Hello again,

Would you be so kind as to provide a positive rating for my answer to your last question? Thanks in advance.

Re your new question, you asked:

I am seriously considering converting my Ch 13 to a 7. The primary reason is that a post-petition creditor (whose account is highly contestable) claims that I owe them a five-figure debt which is the result of a scam in which I got entangled.

Would it likely be acceptable to the court to state that the reason for my conversion motion is to include this potential liability ?


A: You don't need a noticed motion, nor do you need to state a reason to convert a Chapter 13 to a Chapter 7. FRBP 1017(f)(3) provides: "A chapter 12 or chapter 13 case shall be converted without court order when the debtor files a notice of conversion under §§ 1208(a) or 1307(a). The filing date of the notice becomes the date of the conversion order for the purposes of applying § 348(c) and Rule 1019. The clerk shall promptly transmit a copy of the notice to the United States trustee."

You just file a notice of conversion with the court, and you're in Chapter 7. There's probably a local form for the notice, so check the bankruptcy court website.

P.S. The only way to stop the proliferation of incorrect answers in this forum is to demand a refund whenever you discover that an answer has been provided in error (including mine, if that happens to occur). Letting it go, merely because you have a subscription, provides an incentive for others to continue to perform incompetently.

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33850
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 10 months ago.

I cant find a local form anywhere for Notice of Conversion (Oregon). Do you think a simple letter would suffice since I am pro se ?

Expert:  socrateaser replied 10 months ago.
A letter will not suffice.

Here is a form for the Central District of California. You can type up a plain-paper (line numbered) pleading with the same info and change the court name, and that would do it. Don't forget the proof of service on the trustee, creditors, judge, etc.

Note: Alternatively, you could look in PACER for a random Oregon Chapter 13 case and try to find a filed notice of conversion pleading that you can download.

Hope this helps.
Customer: replied 10 months ago.

According to my BK case manager in OR, there is neither a form for a notice of nor motion for conversion. I was told that a personal letter to the court containing the pertinent data and a brief explanation of the reason for converting will suffice.


 


Thanks

Expert:  socrateaser replied 10 months ago.
Well, it's been a real long time since I have been in the Oregon Bankruptcy Court. I wasn't aware that pro se's were appointed a "case manager," and I find no rule or general order on the Bankruptcy Court's website providing for such an appointment.

Obviously, I'm not going to deny that you received advice from court personnel as to how you should proceed to convert your case. All I can say is that the statutes, rules and case law of the federal bankruptcy courts require no motion for a debtor to voluntarily convert from Chapter 13 to Chapter 7 -- and In re DeFrantz, 454 BR 108 (U.S. 9th Cir. 2011), which is the controlling case for Oregon Bankruptcy courts, holds that, "the Rule contemplates that a debtor may convert his or her chapter 13 case by simply filing a notice of conversion and not a motion."

Thus, only a notice of conversion is required, and there is no legal requirement to explain why you are choosing to convert. As long as you can satisfy the means test as to your income, you can convert, without risking having your case dismissed as being in "bad faith."

So, if the case manager says that you can send a letter to the judge and thereby convert to Chapter 7 from Chapter 13, then my response is, "Great, go for it!"

Hope this helps.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.