Steps for Changing a Chapter 7 Petition Into a Chapter 13

STEPS FOR CHANGING A CHAPTER 7 PETITION TO A CHAPTER 13

1.   Prepare the petition as you would a Chapter 7.

2.   Complete the Means Test to make sure the debtor qualifies for a Chapter 13.

Additional qualifications of debtor to be eligible to file a Chapter 13:

a.   an individual (no corporations or partnerships);
b.   have a regular income greater than reasonable living expenses;
c.   have liquidated, unsecured debts not exceeding $336,900 and secured debts not exceeding $1,010.650.

3.   To change a Chapter 7 to a Chapter 13, the following adjustments need to be made within the Chapter 7 bankruptcy petition:

a.   Change to a Chapter 13 on the Voluntary Petition
b.   Also on the Voluntary Petition, under the Statistical Information tab, the box needs checked to indicate there will be funds left over to pay creditors.

c.   Item 9 on the Statement of Affairs needs changed from a filing fee of $299 for a Chapter 7 to $274 for a Chapter 13.

d.   On the average, most attorneys charge $1,000 extra for a Chapter 13 compared to a Chapter 7.  Therefore, attorneys can place this additional fee into the Chapter 13 Plan. If so, change:

i.   Attorney Compensation Statement to show money is owed by debtor.
ii.   Add in the additional Attorney Fees into the Chapter 13 Plan to match the Attorney Compensation Statement

4.   Classify all secure debts on Schedules A and B.

5.   Balance out Schedule J and use the amount left over as your beginning Chapter 13 Plan payment.  This is your starting point.

6.   Enter in the Chapter 13 Plan payment into the Chapter 13 Plan calculator.  Make adjustments until you balance out the Chapter 13 Plan.

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