Can a trustee request a conversion on my bankruptcy file? 16 Answers as of March 29, 2012

I was planning to file for a chapter 13 bankruptcy, when a creditor requested a motion to convert my file to a chapter 7 bankruptcy. Is it possible for the trustee to agree with this? I don't want to file a chapter 7.

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
It sounds like you made the horrible mistake of filing pro se (always a mistake). You will learn an expensive lesson - saving a few dollars on lawyer's fees is a very costly disaster if you file pro se. While the trustee may or may not agree, a motion to convert depends on the law and not what you want to do, and without counsel you will not know how to address the motion or if you could succeed.
Answer Applies to: Georgia
Replied: 2/27/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, if they feel they can liquidate your assets in a chapter 7.
Answer Applies to: New York
Replied: 2/27/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A trustee can recommend conversion from chapter 13 to chapter 7. However, you can request a hearing by the judge. You can request that the case be dismissed rather than converted.
Answer Applies to: California
Replied: 2/27/2012
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
The trustee can object to your chapter 13 plan if, becauses of your income, a feasible plan cannot be created. You must demonstrate to everyone involved, the trustee, your creditors and ultimately a bankruptcy judge , that you can pay everything that must be paid in a chapter 13. If this is what is happening you really need to discuss this with your attorney.
Answer Applies to: California
Replied: 2/27/2012
Anthony Saunders Esq., PLLC | Anthony M. Saunders
A trustee or a creditor will typically request that a Chapter 13 case be converted to a Chapter 7 if it appears that the debtor?s proposed Chapter 13 plan is not feasible. It is really important that you speak with an attorney about your case and get representation in the proceedings.
Answer Applies to: Utah
Replied: 2/25/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Yes, the creditor can file a motion to convert and the judge will have to decide, not the trustee.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Ipson Law Firm, PLLC
    Ipson Law Firm, PLLC | Michael Ipson
    They can try but they need to show that you are not going to be able to complete a chapter 13 plan and convince the judge. If you do not have an attorney you should get one now to help you with this matter.
    Answer Applies to: Utah
    Replied: 2/24/2012
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    The trustee appointed to your case can request a conversion. You can challenge the motion to convert, if it is filed.
    Answer Applies to: Idaho
    Replied: 2/24/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    It is highly unusual for a creditor to request a conversion to chpt. 7 because most creditors get paid more in a chapter 13. If you have proposed a plan in good faith and are paying what the trustee says is required then you have a good chance if staying in the chapter. 13.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If the trustee feels that the chapter 13 is not feasible, they might agree. But the decision will be up to the judge.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Louis S. Haskell
    Law Office of Louis S. Haskell | Louis Haskell
    It is possible for the Chapter 13 Trustee to seek to have your case converted to a chapter 7 or dismissed. If you are not making your plan payments, the Chapter 13 Trustee will move to have your case dismissed, and you can cross-move to have the case converted. At the very beginning of the case, the Trustee is required to make two determinations. The first is that the plan is in the best interest of the creditors, which means that you are paying as much as you both could and should be. The other is that the plan is feasible, meaning you can actually do what the plan calls for. As you can see, you are walking a bit of a tight rope when you draft a plan. You can be dismissed for writing a plan that is either too big or too small.. It sounds to me like the Trustee is questioning the feasibility of your plan. Usually, the Trustee can be convinced to allow you to try. Either you will make your payments or you will not. If you do not, the Trustee can move to dismiss later. However, if the Trustee feels strongly that your plan is clearly unfeasible, then the Trustee will object, and you will have to convince the Judge that it is feasible. Otherwise the Judge will order the case dismissed, unless you move to convert to chapter 7.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    They can't convert you without your consent.
    Answer Applies to: California
    Replied: 2/24/2012
    Debt Relief Law Center | Roger J. Bus
    It is rare for a creditor to win in forcing a confirmed Chapter 13 to be converted to a Chapter 7 bankruptcy- as long as you are making your payments to the Chapter 13 Trustee. Also, you have a right to cancel out your Chapter 13 at any time, so if you believe the creditor will win on the Motion for the reasons stated on that Motion (usually based on lack of regular payments being made), then you can voluntarily dismiss out of the 13 before it is converted to Chapter 7.
    Answer Applies to: Michigan
    Replied: 3/29/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes but your attorney can dispute it.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Under certain circumstances, Yes.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If there is a basis for you not being able to do a Chapter 13, which sounds like the basis for the motion and you do not want to do Chapter 7, you can voluntarily dismiss the Chapter 13 before the hearing on the motion.
    Answer Applies to: California
    Replied: 2/24/2012
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