Bankruptcy question

Asked over 1 year ago - Russellville, AL

If you file a chapter 7 bankruptcy and discover there was an error on your means sheet and you don't qualify for chapter 7, what can be done about it? Can they change it to chapter 13 at the hearing?

Additional information

Can you convert it before the hearing? How does that work?

Attorney answers (4)

  1. Ronald C. Sykstus

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    Answered . Please get with your bankruptcy attorney to review the means test. You should know at the time of filing whether you qualified for a chapter 7 bankruptcy or not. It seems strange to me that an error would have been discovered later. The means test, as you probably know, is convoluted and complicated. You always have a right to convert your case to a chapter 13. Before you do that, however, set up an appointment to review your case with your attorney. Best wishes.

    This answer is for general informational purposes only based upon the question posed. This answer does not create... more
  2. George John Dezenberg Jr.

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    Answered . The Bankruptcy Administrator will Move to have your case converted to Chapter 13 or dismissed if he determines you do not qualify for Chapter 7 under the means test. Do you have legal counsel? If not, you need to hire a good bankruptcy attorney. Nobody that is an "above median-income debtor" should be attempting to file Chapter 7 on a pro se basis, especially with all of the pitfalls created by BAPCPA in the 2005 Bankruptcy Amendments. Get a good attorney, quick! Good Luck.

  3. Paula Brown Sinclair

    Contributor Level 20

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    Answered . Your problem is not unsolvable, but the Avvo Q&A is not the place. The knowledgeable and caring attorneys of Avvo can provide accurate information about the law and legal procedure, but this public forum is ill-suited to advising strategy in a specific case. If you are represented by counsel, your attorney should be providing an analysis you can understand and helping resolve this issue. If you have attempted this bankruptcy without the assistance of experienced counsel, now is the time to correct that mistake. The means test is a complicated calculation, and frequently above-median debtors qualify.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  4. Robert S. Simonian

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    Answered . It is always best to correct the problem before the hearing if possible. If you had hired an attorney please bring it to his attention. Just because you are above median does not still mean you can proceed in a chapter 7. If you do not have an attorney I would strongly suggest that you consult a very experienced attorney. If you exceed the median income he/she may be able to still qualify you for a chapter 7 or if you don't qualify for a chapter 7 you want your monthly chapter 13 payment to be as accurate as possible (usually a low as possible).

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