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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17248
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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what form is used to convert a ch 13 to a ch 7

This answer was rated:

what form is used to convert a ch 13 to a ch 7

WALLSTREETESQ :

You need to file a motion to convert it is not a form,

WALLSTREETESQ :

a motion has to be made to the bankruptcy court, asking that the case be converted,

Customer:

Is there a special format that must be followed ?

Customer:

Ok Thanks. XXXXX enter a Reaffirmation Agreement at the time of conversion, is the lien holder required to accept it at the Ch 13 interest rate ?

WALLSTREETESQ :

it is not required but it is the usual case,

WALLSTREETESQ :

The motion should be available at the bankruptcy court library as well

Customer:

Thanks. XXXXX file the motion, do I have to submit all the schedules at the same time and re-notice everyone ?

WALLSTREETESQ :

no,

WALLSTREETESQ :

once the motion is approved,

WALLSTREETESQ :

you would then have to submit the required forms,

WALLSTREETESQ :

another option is to let the chapter 13 get dismissed and refile a chapter 7,

WALLSTREETESQ :

this way you have the automatic stay for several more months,

Customer:

but wouldnt I have to pay the full filing fee to refile ? the conversion fee is only $25 v $300ish

WALLSTREETESQ :

yes,

Customer:

how much stay time would I have after filing the conversion and submitting the reaffirmation ?

WALLSTREETESQ :

3 months

Customer:

ok thank very much. I have another question about original works of art & copyright law. If you want to take it, I'll make it exclusive to you.

WALLSTREETESQ :

you would be better off with an intellectual property expert.

Customer:

ok thanks again!

WALLSTREETESQ :

Good luck, and if you have any further questions please do not hesitate to ask. \

WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

If I stop making CH 13 payments, will the court auto convert my case to a 7 ?

the trustee would dismiss the case first, he may make a motion to convert if you advise him in a letter that you cannot afford the monthly payments anymore, and wish to convert to a chapter 7