Minnesota Conversion of Case By Debtor

State:
Minnesota
Control #:
MN-SKU-0006
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Description

Conversion of Case By Debtor

Minnesota Conversion of Case By Debtor is a process that allows a debtor to convert an existing bankruptcy case from one chapter to another. This is done by filing a petition with the court to switch from one chapter to another. For example, a debtor may want to convert from Chapter 7 to Chapter 13, or vice versa. There are two types of Minnesota Conversion of Case By Debtor: voluntary and involuntary. In a voluntary conversion, the debtor files a petition to convert the bankruptcy case on their own free will. In an involuntary conversion, the conversion is requested by the creditor, or by the court. In either case, the conversion is subject to approval by the court.

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FAQ

Filers are usually hoping to get a bankruptcy discharge. That's the order that wipes out certain debts and gives you a fresh start. A dismissal is very different. It means your case has been stopped before the court granted a discharge.

A case closed without discharge is not dismissed, and it is not discharged. It can happen in several ordinary circumstances. Chapter 13 cases that follow closely after the Debtor receives a Chapter 7 discharge will not be discharged. In these cases, after the plan payments are completed, the case will be closed.

About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.

Closing of a Bankruptcy Case ? Closing means that all activity in the main bankruptcy case is completed. This means that all motions have already been ruled upon, and if a trustee was appointed, the trustee has filed a statement that all trustee duties have been completed. See related FAQs below.

Dismissal of a Bankruptcy Case ? Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal.

Chapter 13 Discharge Frequently Asked Questions. How long does a Chapter 13 discharge take? Once the discharge process begins, it can take 6-8 weeks for the discharge to occur. This process starts once you have completed your payment plan over 3-5 years and meet all other requirements.

More info

Conversion to Another Bankruptcy Chapter – Conversion means that the court has approved changing a bankruptcy case from one chapter to another chapter. B) Voluntary Conversion to Another Chapter – A debtor can file a motion to voluntarily convert its case to a case under a different bankruptcy chapter.The analysis is not altered simply because the case is converted. When chapter 11 cases are converted to chapter 7 cases, difficulties in obtaining and verifying the debtors' records are common. The purpose, process, requirements, and consequences of converting from Chapter 7, 11, 12, or 13 bankruptcy to another chapter. The bankruptcy court will deny the conversion if your budget indicates you have money remaining to pay some or all of your debts. Not later than 14 days after conversion of the case, a schedule of unpaid debts is to be filed. Thankfully, the Bankruptcy Code provides a mechanism for changing (converting) your case from Chapter 13 to Chapter 7 bankruptcy if needed. There are circumstances where it makes perfect sense to convert from chapter 13 to chapter 7. In an individual case, failure of the debtor to pay postpetition domestic support obligations constitutes "cause" for dismissal or conversion.

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Minnesota Conversion of Case By Debtor