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Converting Your Bankruptcy Case

If you file a Chapter 13 case and your circumstances change resulting in Chapter 13 no longer working for you, bankruptcy procedure allows you to convert your case to a Chapter 7. The conversion process is relatively simple and begins with the debtor's attorney filing a notice of conversion and paying the court fee. Within a few days of filing the notice, your case is converted to a Chapter 7. What does conversion mean? Converting a case means that the Chapter 13 case ends and the case is treated as a Chapter 7.  Any funds being held by the Chapter 13 trustee are returned to you, less any administrative fees. The case proceeds as a Chapter 7 including:

  • A Chapter 7 trustee is appointed to supervise your case.
  • A new meeting of creditors is scheduled.
  • You must file additional documents with the court that were not filed in the Chapter 13 case.  For example, you must submit a Statement of Intention which advises the court and the creditors what you intend to do with the collateral securing your loans.  You must also file amended schedules to include any additional debt incurred between the original filing date and the date of the conversion.
  • You may need to amend and update other schedules to reflect any other changes that have occurred.

A Chapter 7 case typically lasts 3 to 4 months which means you should receive your discharge within months after the conversion date.  It is important to confer with your bankruptcy attorney regarding the consequences of conversion and how it will impact your individual finances. If you are struggling in your Chapter 13 case and you are interested in learning more about converting it to a Chapter 7, contact Levitt & Slafkes. If you are interested in learning more about bankruptcy or conversion, contact Levitt & Slafkes, P.C. We are experienced in handling a variety of bankruptcy issues. Our offices are conveniently located in South Orange, New Jersey. Please call us at 973-323-2953 or online to schedule your free initial consultation today.

 

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