May a chapter 7 case be converted to chapter 13?
A pending chapter 7 case may be converted to chapter 13 at any time at the request of the debtor, if the case has not been previously converted to chapter 7 from chapter 13. Top • Where is a Chapter 13 case filed? A chapter 13 case is filed in the bankruptcy court in the district where the debtor has lived or maintained a principal place of business for the greatest portion of the last 180 days. The bankruptcy court is a unit of the federal district court. Top • What fees are charged in a Chapter 13 case? There is a $274.00 filing fee charged when the case is filed, which may be paid in installments if necessary. In addition, the chapter 13 trustee assesses a fee of approximately 5 percent (subject to change) on all payments made under the plan. Thus, if a debtor pays a total of $5,000.00 under a chapter 13 plan, the total amount of fees charged in the case will be $524.00 (a $250.00 trustee’s fee, plus the $274.00 filing fee). These fees are in addition to the fee charged by the debto
A pending chapter 7 case may be converted to chapter 13 on motion of the Chapter 7 trustee if there appears to be an abuse of the Chapter 7 procedures resulting from the assisted person’s (debtor’s) failure to satisfy the MEANS TEST, wherein the debtor’s current monthly income (CMI) is such to exceed $100.00 per month over a period of 60 months, or if the debtor has not been previously converted to chapter 7 from chapter 13.
