You are in: Home > Bankruptcy Law
Can I change from one chapter of bankruptcy to another?
It is already inherent in us humans to falter in our decisions. Of course, there will always be a time in our lives that we reach the crossroads of indecision. The chapter in which we can't completely make our mind up if where to go next or what we're going to choose.
Similarly, this also happens when it comes to choosing the type of bankruptcy that you're going to go for. As a lot of people nowadays are mostly in doubt if they can really change from one chapter of bankruptcy to another. Just so you know there are really times that unexpected things come about.
If truth be told, it is always okay to change from one chapter of bankruptcy to another. As a matter of fact, it called "motion to convert" and can be done after you've filed for either chapter. In the same way, be advised that the trustee can also ask for a conversion.
For instance, if your chapter 13 fails, either you or the creditor may request a conversion to chapter 7. Likewise if the trustee thinks money might be available for unsecured creditors they may make a motion to convert your chapter 7 to a chapter 13.
Generally speaking, you can convert a case one time to any other chapter you're qualified for. The request to convert can be a simple one-sentence document. Look out for issues, such as moving from a Chapter 13 to a Chapter 7, as you'll need to review whether you have acquired items that are now be considered property of the estate under Chapter 7 that weren't part of the previous filing. Ask the trustee or a bankruptcy attorney for additional issues.
This article is free for republishing
Source: http://www.goinglegal.com/can-i-change-from-one-chapter-of-bankruptcy-to-another-1669884.html
Source: http://www.goinglegal.com/can-i-change-from-one-chapter-of-bankruptcy-to-another-1669884.html
About the Author