Motion to convert 7 to 13 under new law

[originalhealer]

Under the new law, are you allowed to file a motion to convert a chapter 7 filed before Oct 17 to a Chapter 13?

If so, does the Chapter 13 fall under the new law or the old?

Thanks in advance

[AAAArt]

Good question. My understanding is that you can still convert under the old law, but the Trustees around here have been nudging closer to the new guidelines for the last few months.
The big question is if you have to convert to the new law, will your attorney still represent you (since they are being charged with the responsibility for the truthfulness of your statement. The attorney will certainly charge a bunch more, but I think that their payments are included in the monthly payments if you file 13.
I'll be watching for more knowledgable answers. Best wishes, Art

[originalhealer]

I don't have an attorney, I filed Pro Se. So, you are saying that I can still convert because I'm under the old law? Does that mean that my Chapter 13 paper work should be done as though I were under the old law as well?

[originalhealer]

Okay, this is what I did. I went on Pacer, then did a search for cases that were converted within the last 10 days. I specifically looked for cases that were converted after Oct 17, even though the original filing date was before Oct 17. It looks like filers do fall under the old laws with a conversion. I was able to download the actual forms used to file the Motion to Convert, which was very helpful, because I couldn't find any on the Internet.

Also, if you convert from a Chapter 7 to a Chapter 13, you don't have to pay the filing fee again. And I think a conversion from a Chapter 13 to a Chapter 7 is only $15.00.

[alice0427]

If you don't mind my asking, why are you converting? I'm curious because our attorney thinks there might be a small chance that our Chapter 7 will be dismissed and converted.

[bkfiler]

if you filed ch 7 under old law then you can convert to chap 13 under old law.

yes please post what is making you go into convertion. it helps us understand that problems that we might also come up with.

thanks

[originalhealer]

I converted because I was in danger of losing my secured debts, as well as a pension that I inherited from my deceased mother that the Ch 7 Trustee was trying to take. I was in danger of losing my car because I couldn't keep up the payments, and I was about to be discharged from my Ch 7. In addition, I was in danger of losing everything I own to a moving company that has my things in storage. Long story.

Basically, I needed more time to get my finances in order so that I could keep up my secured debts.

So far, so good. I have the 341 scheduled for two days after Christmas on Dec 27. I also have already submitted my Ch 13 plan.

[bkfiler]

didnt your attorney explain those things were not exempt (assumeing they are not) before you filed?

[originalhealer]

Those things ARE exempt, and the pension is up for debate, because the Ch 7 Trustee had hired an attorney team to try to prove that it wasn't. But they have not, as of yet, proved that my inherited pension wasn't exempt.

But, as far as the car and the storage is concerned, the LIENS on those items still survive the bankruptcy. So, I still have to pay what I owe on those items, or they will take them. I need my car and I need my things.

I did file Pro Se, but an attorney wouldn't have been able to change the laws any. Liens survive bankruptcy unless you can file a motion to remove them, which I was unable to do because my secured items didn't fit the qualifications required to remove a lien.