Posted by Wesley Scott on October 18, 2018 at 12:40 PM
Wesley Scott

Sometimes, when a debtor files Chapter 7 Bankruptcy, there is a desire to convert to a Chapter 13 Bankruptcy. Maybe, it is because debtor’s income has risen or the US Trustee’s Office has a brought a motion to dismiss debtor’s Chapter 7 Bankruptcy for abuse. What does that mean? In English, it means the US Trustee’s Office believes debtor has the ability to pay back creditors something over a 3-5 year Chapter 13 plan.

Section 706 of the Bankruptcy Code gives debtor the right to convert their Chapter 7 Bankruptcy to a Chapter 13 Bankruptcy at any time.

Sometimes, debtors feel like a Chapter 7 Bankruptcy is where they should be. If the US Trustee’s Office feels differently, you may be faced with a choice of either defending a motion brought by the US Trustee’s Office or converting to a Chapter 13 Bankruptcy.

In many of these situations, debtor does not fight the motion to dismiss but instead, choses to convert to a Chapter 13 Bankruptcy. At Kain & Scott, we try to avoid this from happening. Debtors would much prefer to start out in the bankruptcy they should be in to begin with. Some debtors chose to take the risk the Chapter 7 will go through as is. In other cases, maybe debtors have had a pay increase that is significant enough that debtor should be in a Chapter 13 Bankruptcy.

Whether you file a Chapter 7 or Chapter 13 Bankruptcy, you will get significant relief. And that is what this is all about.


When the time is right, or when you are ready, reach out to Minnesota’s nicest bankruptcy law firm at www.kainscott.com. You will be so happy you did. We have never had someone regret the decision to file.

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Topics: Chapter 7 Bankruptcy, Filing Bankruptcy, Chapter 13 Bankruptcy, MN Bankruptcy

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