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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37961
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Here is an answer that I received prior to yours. Is it erroneous

This answer was rated:

Here is an answer that I received prior to yours. Is it erroneous ?
Hello again,

Not sure what you're talking about. Please clarify -- thanks.
Customer: replied 3 years ago.

The PS in one of your recent responses mentioned that one should report erroneous answers to JA and ask for a refund.


 


This expert differs in opinion with your answer to my recent question regarding filing a notice or a motion to convert a 13 to a 7.


 


He said I should file a Motion; you said I needn't, but to file a Notice instead.


 


That's all.


 


I've scoured the web and the Oregon local forms for either, and neither exists.


 


Thanks

All that is required to convert from Ch. 13 to Ch. 7 is a notice of conversion. Fed. R. Bankr. P. 1017(f)(3); Bankr. Code 1307(a).

The only thing that you must ensure is that you can qualify for Ch. 7 by passing the "means test." If your income is too great, you could be dismissed from the converted Ch. 7, if your income is too great.

If someone disagrees with my answer, ask them to "cite the legal authority" for their contrary claim.

Hope this helps.
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

Sorry. I wasnt questioning your advice; I was questioning his, but also following your suggestion to report and contest bad counsel.


 


I've selected you as my sole legal expert henceforth.


 


Thanks, XXXXX XXXXX !