Is there a problem with having our Chapter 7 moved to Chapter 13 bankruptcy? 9 Answers as of May 25, 2011

We filed a chapter 7 and a day before dismissal we were told by the UST we needed to move to a 13 instead of a 7. We want to relocate. Since everything is based on figures including housing, will this cause a problem? We have not filed our 13.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can convert a Chapter 7 case to Chapter 13. Chapter 13's are a little tricky and it is the rare person who can do this on their own. If you move and the Chapter 7 was dismissed, there is no reason why you can't file a new Chapter 13. You must however disclose the prior case in the new petition.
Answer Applies to: California
Replied: 5/25/2011
The Law Office of John T. MacDonald Jr., PLLC
The Law Office of John T. MacDonald Jr., PLLC | John MacDonald Jr.
There are strict guidelines in order for one to file a Chapter 7. Therefore, if you don't qualify your only option is to file a Chapter 13. It is best to call a bankruptcy attorney to discuss your particular case.
Answer Applies to: Michigan
Replied: 5/25/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A conversion from Chapter 7 to Chapter 13 is normal in situations where the "presumption of abuse" has occurred, or if it appears that you can pay some of your debt through a plan. Moving to a new location may impact what your Plan looks like in a Chapter 13. You are not allowed to take on additional debt or sell assets that have liens that are being paid through the Plan, unless you ask the Court to grant you permission. You should seek the advice of a Bankruptcy Attorney for more specific advice to your situation.
Answer Applies to: New Hampshire
Replied: 5/25/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
The UST audited your case and found that you had disposable income sufficient to create a presumption of abuse under the Means Test. You can dispute it; you can relocate and amend your schedules to show the income and expenses under the new location; or you can agree with the UST to convert your case to Chapter 13. You should consult with your attorney. If you do not have a lawyer, call the UST and tell them what is going on.
Answer Applies to: California
Replied: 5/25/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
If UST is recommending this, you must do this. No problem. Pay a percentage of your debts and move on.
Answer Applies to: California
Replied: 5/24/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You need to consult with a bankruptcy attorney about all your options. There's simply too many factors to consider here and it's beyond the scope of this forum.
    Answer Applies to: California
    Replied: 5/24/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You are correct that if you move, especially to a different state, the means test figures may change. However, where you need to file your case depends on where you resided for the majority of the last 180 day period. In any event, if the United States Trustee indicated that you should file a Chapter 13 case, you should consult an experienced bankruptcy attorney as Chapter 13 cases have more requirements than Chapter 7 cases and few people can successfully confirm a Chapter 13 plan.
    Answer Applies to: California
    Replied: 5/24/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    If you did not pass the means test you could be required to convert to a CH 13. The difference is with a CH 13 you will be repaying some of your debt to the creditors each month as opposed to discharging the debt with a CH 7. You should consult with an attorney to determine if there is any way to keep you in the CH 7.
    Answer Applies to: California
    Replied: 5/24/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    You are allowed one conversion in bankruptcy, so changing to a chapter 13 is fine. It doesn't matter that you are relocating, it is still possible. If your expenses have changed the schedule J should be amended. For more specific considerations consult an attorney specializing in bankruptcy law.
    Answer Applies to: California
    Replied: 5/24/2011
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