QUESTION
Since we are converting to a chapter 13 due to chapter 7 error will I have the opportunity to redo the means test and make corrections?
Asked on Oct 18th, 2012 on Bankruptcy - South Carolina
More details to this question:
My attorney and I filed bankruptcy on 9/30/12 in what was to be a Chapter 7 case. I had listed my income and expenses as I thought they should be but when I received a copy of the transcript I noticed a few of the expense numbers were "bloated". I promptly told her I wanted these to be accurate to the to which now puts me in Chapter 13. She contacted the Trustee and told him we would be converting to a Chapter 13 due to a change in finances and has filed a motion to convert. I've been on edge for 4 days, cannot sleep, and worried sick that I'm in trouble. My income, assets, creditors, etc were all correct minus the expenses she put down. Since we are converting to a 13 due to this will I have the opportunity to redo the means test and make corrections? Or would this be considered an amendment. I'm paranoid about going to jail for what was an oversight.
6 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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I have already answered this, but please relax, you are not going to jail.
Answered on Oct 23rd, 2012 at 8:02 AM
Bankruptcy Attorney serving Oakdale, CA
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Law Office of Todd Whiteley
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I have never heard of an oversight, especially one pointed out by the debtor, being used as the basis for sending a debtor to prison. Stop worrying about that. Also, "redoing any document" after filing is an amendment; I expect your attorney will amend the expenses on Schedule J. The attorney may or may not have to amend the Means Test.
Answered on Oct 23rd, 2012 at 7:25 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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My question to you is why are you not talking to your bankruptcy attorney? To answer your question, you can amend any bankruptcy schedule at any time. Since you are converting to a chapter 13, you will need to file a chapter 13 means test at which time you can correct the figures. It is unclear if you are talking about expenses on your means test or your schedule.
Answered on Oct 23rd, 2012 at 12:05 AM
Changes are made to the bankruptcy paperwork all the time and correcting a means test shouldn't be a big deal.
Answered on Oct 23rd, 2012 at 12:04 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You need to talk to your attorney. I am certain your attorney will explain that you cannot go to jail for an error like you are describing.
Answered on Oct 23rd, 2012 at 12:02 AM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: Since we are converting to a chapter 13 due to chapter 7 error will I have the opportunity to redo the means test and make corrections? Question Detail: My attorney and I filed bankruptcy on 9/30/12 in what was to be a Chapter 7 case. I had listed my income and expenses as I thought they should be but when I received a copy of the transcript I noticed a few of the expense numbers were "bloated". I promptly told her I wanted these to be accurate to the to which now puts me in Chapter 13. She contacted the Trustee and told him we would be converting to a Chapter 13 due to a change in finances and has filed a motion to convert. I've been on edge for 4 days, cannot sleep, and worried sick that I'm in trouble. My income, assets, creditors, etc were all correct minus the expenses she put down. Since we are converting to a 13 due to this will I have the opportunity to redo the means test and make corrections? Or would this be considered an amendment. I'm paranoid about going to jail for what was an oversight. *- this would most likely be considered an amendment; but you are ABSOLUTELY RIGHT to be worried about proper disclosure. *
Answered on Oct 22nd, 2012 at 11:48 PM