How do I convert my bankruptcy case from a Chapter 7 to a Chapter 13?
In South Carolina, converting a bankruptcy case from Chapter 7 to Chapter 13 requires more than one step. First, you must file a motion to convert the case with the court. This motion should state your reasons for wanting to convert the case. You must also submit the required documents, such as a Statement of Financial Affairs and a copy of your bankruptcy petition. You must then attend a hearing with the court to discuss the conversion of your case. At this hearing, you must present evidence that you are now in a position to make the payments required under Chapter 13. This will include proof of a steady income, budget that allows for the payments, and a detailed explanation of why you need the protection of a Chapter 13 plan. Once your motion is approved and the conversion is granted, you must then draft a reorganization plan, which will outline how you will repay your debts over a 3- to 5-year period. After you submit your plan to the court, it has to be confirmed. Once the plan is confirmed, it becomes legally binding and all creditors must adhere to its terms. In conclusion, converting a bankruptcy case from Chapter 7 to Chapter 13 in South Carolina requires filing a motion, attending a hearing, and submitting a reorganization plan. This process should be done with the help of a bankruptcy attorney, as it can be quite complicated.
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