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  Dear
Dr. Don,
What forms do I need and how do I find them to
convert a Chapter 7 to a Chapter 13 bankruptcy filing?
Thank you,
-- Melissa Morass
 Dear
Melissa,
Bankruptcy petitioners often have second thoughts about which chapter
of the bankruptcy code is right for them. Two common reasons to convert
to a Chapter 13 filing would include recognizing that a particular
debt can't be discharged in Chapter 7, or the petitioner's realization
that a nonexempt asset will become part of the bankruptcy estate used
to pay off creditors.
Bankruptcy
Basics, a public information series publication from the Bankruptcy
Judges Division of the U.S. Courts provides a basic overview of
the different
types of bankruptcy filings and can help you confirm that converting
to a Chapter 13 Bankruptcy is right for you. Converting your Chapter
7 bankruptcy petition to a Chapter 13 petition requires that you
file a motion with the court to convert the case. Copies of the
motion have to be sent to each of your creditors and the court will
have to issue an order converting the case before conversion is
complete.
While the U.S.
Courts Web site has a listing of bankruptcy forms available,
including a notice of motion, it's also a good idea to use the U.S.
Courts site to click through to the bankruptcy
court that has jurisdiction over your case and review the local
rules, guides, and forms for the court hearing your case.
The Court's decision to approve the motion isn't automatic.
You have to be eligible to file for Chapter 13 bankruptcy and your
Chapter 7 filing can't be the result of an earlier conversion from
a Chapter 13 filing. Nolo.com
provides more detail on converting your bankruptcy filing.
My feeling about bankruptcies is that it's usually
a mistake to try to do this on your own. The potential savings are
outweighed by the potential cost of clerical or legal errors. If
you did the Chapter 7 filing on your own, you may not see the need
for an attorney. On the other hand, an attorney could have explained
upfront why Chapter 7 wasn't right for you, saving you both time
and money.
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