Ask a Lawyer - Archive



   
Changing Chapter Is Possible
Cathleen Cooper Moran

Q. 

If I filed Chapter 13 one week ago can I change it to Chapter 7?

-- Anonymous

A. 

A debtor can convert his case to one under any other chapter of the Bankruptcy Code for which he is eligible. It remains the same case, with the same case number and the same date on the order for relief.

You must be eligible for relief under the chapter to which you convert: for that reason, a corporation could not convert to Chapter 13, since it isn't eligible under Chapter 13.

If you convert to Chapter 7, you will probably need to prepare Form B22 again, in the Chapter 7 variation to determine if filing Chapter 7 is a presumptive "abuse". There is a fee for the conversion, since the filing fee in Chapter 13 is less than the fee for Chapter 7.

-- Cathleen Cooper Moran






Terms & Conditions   Privacy   Copyright © 2008 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.