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

In Virginia, converting a bankruptcy case from a Chapter 7 to a Chapter 13 can be done by filing a motion with the court. The motion must be filed before the Chapter 7 case is discharged. To file a motion, you must obtain the document called “Motion to Convert” from the U.S. Bankruptcy Court in your district, and complete it. You must also file a copy of the proposed Chapter 13 plan. Once the motion is filed, the court will set a hearing date and give the creditors notice of the hearing. At the hearing, the court will decide whether to convert the case to a Chapter 13. If the court approves the conversion, you will then be responsible for filing a Chapter 13 plan and making the appropriate payments to creditors under the plan. When filing a motion to convert, you should also include any supporting evidence as to why a conversion should be allowed. This can include proof that the debt payments cannot be made in a Chapter 7, and that the conversion would benefit creditors and ensure payment of a portion of the debt. Additionally, you should include a copy of your most recent financial statement. If the motion to convert is approved, you will need to comply with all of the requirements of the Chapter 13 case. This includes attending credit counseling and filing the necessary documents with the court. Failure to comply with these requirements could result in the court denying the motion.

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