I just noticed a funny entry in the ndc website: "TRUSTEE FEE - INITIAL CONVERSION". There is a pending dismissal motion by the trustee as well as a motion to modify by myself. This came after the trustee claimed the original payments would not satisfy the plan. The modification was made by my lawyer to correct this and make it whole again. Today I logged in to see if a payment I mailed was received and noticed the ledger entry mentioned before. Is the trustee trying to convert my plan involuntarily? I left my lawyer a message, but is this normal or is this something I need to worry about? I am current on payments and everything is up to date as far as I know outside of the pending modification.I am over 2.5 years in and have plenty of income to meet the proposed modification plan. The entire plan is a 100% plan.
Why would you come here for us to guess rather than speak to your attorney who will find out directly for you?
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The trustee cannot force you into a different chapter, but this is something you really need to discuss with your attorney who is much more familiar with your case than we. You have an attorney and in many states it is unethical for one attorney to advise another attorney's client about the matter for which the attorney represents that client. On Monday, call your attorney again.
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As stated by my colleagues, its is best to schedule an appointment to speak to you own attorney. He or she will be intimately familiar with (a) the bankruptcy process and (b) what is going on in your case. I know sometimes is seems easier to use AVVO an AVVO is a great resource, but nothing beats the advice of your own attorney.
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There are certain situations in which a Chapter 13 debtor can find themselves in jeopardy of an involuntary conversion to chapter 7,but it is not something that occurs frequently.
When a situation like this does arise, it is usually the result of a debtor's having committed one or more bad acts involving fraud, or bad faith in relation to their bankruptcy case; Material misrepresentations of fact, unreasonable delays, failure to provide required documents and:or information, or a general failure to cooperate with the the Court's various procedural requirements; these are a few examples of the various types of conduct that can possibly serve as grounds for a request and issuance of an involuntary conversion Order.
To the extent that you are confident that no such issues of fraud, or bad faith exist in your case, you may enjoy a similar level of confidence that you are not a likely target for involuntary conversion.
In most , but not all, chapter 13 cases originally filed under chapter 13. the debtor's typical exposure for an undesirable outcome is limited to the dismissal of their case, rather than a conversion to chapter 7 where assets might be at risk.
Note that cases originally filed under Chapter 7 and later converted to 13, present a heightened level of possibility for involuntary conversion back to Chapter 7.
Assuming your case was not previously converted from Chapter 7 and absent any fraud , or bad faith on your part, I don't think it's likely that you are presently in line for an Involuntary conversion. But my "guess" is no substitute for the advice and opinion of your lawyer.
He, or she is the one person likely to be equipped with the most knowledge about the details of your case and therefore they are in the best position to properly advise you.
I hope this was helpful.
I definitely agree with my colleagues. Have a conversation with your attorney.
Down in the Southern District of Texas the Chapter 13 Trustee's file a motion to dismiss or convert when something is wrong with your case and these are fairly common. The important part is what is wrong with your case and how to fix it.
It may mean something different in the Northern District and your attorney can explain it to you.
My answer to this question is for general purposes only and does not establish an attorney-client relationship and is not legal advice. You should contact an attorney directly for legal advice. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
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