Converting at the 341 meeting

[deanrusk]

Can this be done?From 7 to 13 or 13 to 7?

[HHM]

No, you have to file a request with the court to convert. You can always ask the trustee if he will stipulate to the conversion, but it can't be completed on the spot at the 341 meeting.

The ONLY purpose of the 341 meeting is for the trustee to ask you some questions, and give your creditors the opportunity to show up an ask questions.

[deanrusk]

If you feel the need to convert when is the best time to do it?

[hhou812hh]

If you feel the need to convert when is the best time to do it?

If you don't mind me asking why do you want to convert. The usual reasons would be if you want to keep a non-exempt asset in a payment plan or if you suspect a cc company my request a deny of discharge. Also the US Trustee may think you can pay into a 13.

[deanrusk]

What if you dont qualify for a 7 when you get to the meeting?

[HHM]

Did you qualify for a chapter 7 when you "filed" your case?

First off, remember, the 341 is NOT a court hearing. To convert a case, the bankrutpcy JUDGE needs to enter an order convertingyour case. There are two ways to get an order from the court, (1) by stipulation with the opposing party (in the case of bankruptcy, that is the trustee). A stipulation and order is prepared and submitted to the judge for his/her signature. (2) File a Motion with the court requesting the case be converted.

[deanrusk]

Can that motion be filed at the meeting?

[edwards2]

Did you hire an attorney or are you filing pro se? Which way are you trying to go with your BK - 7 to 13 or vice versa and why? A lot depends on your motivation/ability to conversion. Again the 341 is a meeting of the creditors. The BK trustee controls the meeting and asks questions about your financial situation, etc. The BK trustee's responsibility is to determine if there is money to pay the creditors and search for possible BK fraud. I would think, although I certainly dont know for sure given I am not an attorney, that that is not the forum to be filing motions. If you want us to try and help you you need to provide more details about your situation. There is a wealth of knowledge on this forum so I am confident someone will be able to offer advice/suggestions.

[deanrusk]

Ok,I am unemployed right now but by time I go to the meeting I might have a job.So if I file chapter 7,I dont want them to dismiss my case because of the oct 17 deadline.I will be filing pro se.

[hhou812hh]

Ok,I am unemployed right now but by time I go to the meeting I might have a job.So if I file chapter 7,I dont want them to dismiss my case because of the oct 17 deadline.I will be filing pro se.

Will this "new job" pay you enough where you will have disposable income after reasonable living expenses? Whether you have a job or not doesn't matter.

Another question if I may, since you were unemployed did you make any major purchases with credit? Some small living charges for food, gas,etc. may be ok but they would certainly look at any major purchases/cash advances if you took them. Major charges would be considered fraud in bk terms since it would look like you charged with no intentions of paying it back. This would be discharged under a ch13 under current law.

Also you will need to be employed to qualify for a ch13. You need to be settled in the job or have some sort of income like collecting rent from a tenant to even qualify for a ch13.

[deanrusk]

Well with the job and tenant I would have about 400 in disposable income.So I would then qualify for a chapter 13.So if I file chapter 7 now,and If I get a job before the 341 meeting,the trustee will tell the judge that my case needs to be converted to a chapter 13.Is this right?

[hhou812hh]

Well with the job and tenant I would have about 400 in disposable income.So I would then qualify for a chapter 13.So if I file chapter 7 now,and If I get a job before the 341 meeting,the trustee will tell the judge that my case needs to be converted to a chapter 13.Is this right?

This is a tough one. They pretty much look at the financial state you are in when you filed and 60 to 90 days before you filed. I don't know what would happen in this situation. If you "kind of waited" to start the job until after the meeting you can qualify for a ch7, but that would be bk fraud. It's the US Trustee and not the ch7 trustee that would want to convert to a 13. These are the situations that a lawyer would help but you didn't use one. Either way good luck and let us know. At least you will be working again which is a good thing.

[freshstarter]

How about getting a free consult with a lawyer before filing? They could probably at least give advice when/if/what to file in your situation.