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Bankruptcy

Chapter 7 bankruptcy—conversion to chapter 11, 12, or 13

In order to accord the debtor complete relief, the Bankruptcy Code allows the debtor to convert a chapter 7 case to a case under chapter 11, 12, or 13 (6) as long as the debtor is eligible to be a debtor under the new chapter. However, a condition of the debtor's voluntary conversion is that the case has not previously been converted to chapter 7 from another chapter. Thus, the debtor will not be permitted to convert the case repeatedly from one chapter to another.

In Vermont, as in all states, the federal Bankruptcy Code governs the process of bankruptcy, including the conversion of cases between different chapters. A debtor who has filed for bankruptcy under Chapter 7 has the option to convert their case to Chapter 11, 12, or 13, provided they meet the eligibility requirements for the new chapter. This provision is designed to give debtors the flexibility to choose the bankruptcy relief that best suits their situation. However, there is a restriction to prevent abuse of the system: if a case has already been converted to Chapter 7 from another chapter, the debtor cannot convert it again. This rule ensures that the conversion privilege is not used to unduly delay creditors or manipulate the bankruptcy process. It's important for debtors in Vermont to consult with an attorney to understand their rights and obligations under the Bankruptcy Code and to ensure they are making informed decisions about converting their bankruptcy case.

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Bankruptcy

Chapter 7 bankruptcy—conversion to chapter 11, 12, or 13

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Vermont State Code

Vermont State Code

Bankruptcy

Chapter 7 bankruptcy—conversion to chapter 11, 12, or 13

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