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Conversion From Chapter 13 To Chapter 7 Forms And Information Form. This is a North Carolina form and can be use in USBC Middle Federal.
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Tags: Conversion From Chapter 13 To Chapter 7 Forms And Information, North Carolina Federal, USBC Middle
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
MEMORANDUM
TO:
ATTORNEY FOR DEBTOR
FROM:
OFFICE OF THE CLERK
RE:
CONVERSION OF CHAPTER 13 TO CHAPTER 7
The following items must be filed in order to convert a case from Chapter 13 to Chapter 7:
1.
Original Notice of Conversion, signed by the debtor(s). The signature of the attorney for the
debtor is also required. If the attorney filing the conversion is different than the original
attorney of record, a Motion and Order to Substitute Counsel must accompany the Notice of
Conversion. The case number remains the same after conversion unless there is a
deconsolidation. If there is a deconsolidation, a fee in the amount of the current filing fee is
required. Currently, the deconsolidation fee is $235.00.
2.
filing fee of $25.00 for conversion of case.
3.
The Schedule of Additional Creditors, listing any indebtedness incurred between the date of filing
of the Chapter 13 case and the date of conversion or any indebtedness not included under the
Chapter 13. (If there are no additional creditors, please state “NONE” on the Schedule of
Additional Creditors form.
4.
If there are more than five (5) creditors are being added, a matrix containing ONLY the
additional creditors with complete addresses is to be submitted. Do not submit a matrix for the
entire list of creditors.
The Clerks Office is able to obtain a matrix of the creditors for the case which are in the Chapter
13 Trustee’s records at the time of conversion. Therefore, only creditors not included under the
Chapter 13 Plan should be listed on the matrix and Schedule of Additional Creditors.
AN ORIGINAL OF THE FOLLOWING ITEMS TO BE FILED WITH THE NOTICE OF
CONVERSION OR WITHIN 15 DAYS THEREAFTER:
1.
Attorney's Disclosure of Compensation Statement (form attached).
2.
Statement of Intention. Form must be filed no later than thirty (30) days from conversion or by
the Section 341 Creditors Meeting date, whichever is earlier (form attached).
3.
Debtor's Property Exemption form (Form 91-C) Note: A separate form is required for each
debtor - ONLY REQUIRED IF NOT FILED WITH THE CHAPTER 13 PETITION.
Appropriate form is available on the Court’s website.
attachments: Notice of Conversion
Memorandum Re: Schedule of Additional Creditors
Schedule of Additional Creditors
Disclosure of Compensation
Statement of Intention
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
IN THE MATTER OF:
Debtor(s)
)
)
)
)
)
)
)
NOTICE OF CONVERSION
FROM CHAPTER 13 TO CHAPTER 7
TAKE NOTICE THAT pursuant to Section 1307(a) and Bankruptcy Rule 1017(f)(3), the undersigned debtor(s)
hereby files this Notice of Conversion to Chapter 7 and provides the following information:
1.
On
Code.
, the above named debtor(s) filed a Petition under Chapter 13 of the Bankruptcy
2.
(Check appropriate boxes)
A.
( )
Yes
( )
No
B.
Debtor(s) was present at
first Creditors Meeting
( )
Yes
( )
No
C.
3.
Debtor(s) Plan was confirmed
Debtor(s) owns real estate
( )
Yes
( )
No
( )
Yes
( )
No
Debtor(s) is represented by an
attorney in this conversion
The Debtor(s) present mailing address is:
Respectfully submitted:
* Attorney's
signature as well as
petitioner(s) is required where
attorney is handling conversion
Debtor
Debtor
Attorney of Record*
Date:
State Bar No.:
Attorney's Name & Address
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
MEMORANDUM
TO:
Attorney for Debtor
FROM:
Clerk, U. S. Bankruptcy Court
RE:
Debtor’s Schedule of Additional Creditors
If your client filed Chapter 13 and is now converting the case to Chapter 7, it is possible that debts were
incurred that may need to be included under the Chapter 7. If debts were incurred, the names, addresses
and amounts owed to these creditors must be filed with the Court in order for the debtor to be discharged
of these debts.
Please complete the Schedule of Additional Creditors form, listing the creditors' complete names and
addresses and the amounts owed for any indebtedness. This list should only include the debts incurred
between the date the debtor's Chapter 13 case was filed and the date the case was converted to Chapter 7
liquidation or any debts not included in the records maintained by the Chapter 13 Trustee’s office. This
information should be typed or printed legibly.
If there are more than five creditors being added, please attach a matrix with the Schedule of Additional
Creditors. The matrix submitted with a conversion should contain ONLY the additional creditors - not
an entire matrix of all creditors.
The Notice of Conversion and the Schedule of Additional Creditors along with matrix, if needed, are to
be completed and filed with the Court.
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
In re:
Debtor(s)
)
)
)
)
Case No.:
SCHEDULE OF ADDITIONAL CREDITORS
The following debts were incurred by the debtor(s) between the date of filing of the Chapter 13 case and
the date of conversion or were not included in the list of creditors maintained by the Chapter 13 Office:
NAME & ADDRESS OF CREDITOR
AMOUNT
INDEBTEDNESS SECURED BY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Date:
Signed:
Debtor
Signed:
Debtor
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
In re:
Case No.:
Disclosure of Compensation Paid or Promised to Attorney
for Debtor(s) for Conversion from Chapter 13 to Chapter 7
Attorney's Name:
1.
(Please Print)
Amount of compensation paid for services rendered or to be rendered for the conversion of
this case to Chapter 7:
$
2.
Amount of additional compensation promised, but not yet paid, for services rendered or to
be rendered in connection with this conversion:
$
3.
Source of compensation paid or promised:
4.
Particulars for the sharing or agreement to share compensation.
5.
Amount of compensation paid to debtor(s) attorney for representation in the Chapter 13
case: (if you were not the attorney who filed the original Chapter 13 petition for debtor(s),
please so state.)
$
6.
Total attorney's fee charged and paid for representation in Chapter 13 case and
conversion to Chapter 7.
$
Date:
Attorney for Petitioner(s)
(Signature)
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Form 8
(10/05)
United States Bankruptcy Court
_______________ District Of _______________
In re ____________________________,
Debtor
Case No. ___________________
Chapter 7
CHAPTER 7 INDIVIDUAL DEBTOR'S STATEMENT OF INTENTION
9 I have filed a schedule of assets and liabilities which includes debts secured by property of the estate.
9 I have filed a schedule of executory contracts and unexpired leases which includes personal property subject to an unexpired lease.
9 I intend to do the following with respect to the property of the estate which secures those debts or is subject to a lease:
Description of Secured
Property
Creditor’s
Name
Property will be
Surrendered
Description of Leased
Property
Lessor’s
Name
Property
is claimed
as exempt
Property will
be redeemed
pursuant to
11 U.S.C. § 722
Debt will be
reaffirmed
pursuant to
11 U.S.C. § 524(c)
Lease will be
assumed pursuant
to 11 U.S.C.
§ 362(h)(1)(A)
Date: ____________________
___________________________________________
Signature of Debtor
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------DECLARATION OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER (See 11 U.S.C. § 110)
I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; (2) I prepared this document for
compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 110(b),
110(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services
chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a
debtor or accepting any fee from the debtor, as required in that section.
___________________________________________________
________________________
Printed or Typed Name of Bankruptcy Petition Preparer
Social Security No. (Required under 11 U.S.C. § 110.)
If the bankruptcy petition preparer is not an individual, state the name, title (if any), address, and social security number of the officer, principal,
responsible person or partner who signs this document.
____________________________________________
_______________________________________
Address
X__________________________________________
Signature of Bankruptcy Petition Preparer
_________________
Date
Names and Social Security Numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition
preparer is not an individual:
If more than one person prepared this document, attach additional signed sheets conforming to the appropriate Official Form for each person.
A bankruptcy petition preparer’s failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines
or imprisonment or both. 11 U.S.C. § 110; 18 U.S.C. § 156.
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