How do I convert my bankruptcy case from a Chapter 7 to a Chapter 13?

In Delaware, the process to convert a bankruptcy case from a Chapter 7 to a Chapter 13 is known as a “Chapter 7 to 13 conversion.” The purpose of this process is to convert a consumer debt restructuring case from liquidation to a repayment plan. To begin the conversion process, a debtor must first obtain a Statement of Intention which outlines their intentions for any secured debt. This can be obtained by filing Form 109, which is provided by the court. Along with this form, the debtor must also file a petition for conversion with the court. This petition will explain why the debtor wants to convert their case from a Chapter 7 to a Chapter 13. Once the petition is filed, a hearing will be scheduled so the court can consider the conversion. At the hearing, the court will assess the debtor’s financial situation to determine if the conversion is in the best interest of the debtor and all of their creditors. If the court approves the conversion, the debtor will be allowed to reorganize their debt under the Chapter 13 repayment plan. This typically involves the debtor making periodic payments to the court. Those payments will then be divided among the creditors according to the terms of the repayment plan. Converting a bankruptcy case from a Chapter 7 to a Chapter 13 can be a difficult process, but with the help of an experienced lawyer it can be done. A lawyer can help make sure the conversion is in the best interest of the debtor and all of their creditors, and can provide guidance and assistance throughout the entire process.

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How do I convert my bankruptcy case from a Chapter 7 to a Chapter 13?

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