Conversion and Dismissal of a Chapter 12 Case
Chapter 12 specifically provides that a debtor may voluntarily convert a Chapter 12 bankruptcy case to a Chapter 7 bankruptcy or dismiss the case at any time. Creditors, however, may not seek the involuntary conversion of a debtor’s Chapter 12 bankruptcy to a Chapter 7 bankruptcy unless fraud is shown in connection with the case.
Creditors may seek the dismissal of the case. Chapter 12 provides that after notice and a hearing, the court may dismiss a case for cause. Any of the following are considered cause for dismissal:
* unreasonable delay or gross mismanagement,
* nonpayment of fees and charges required,
* failure to file a timely plan,
* failure to commence making timely payments under a confirmed plan,
* denial of confirmation of a plan and denial of a request for additional time for filing of another plan or modification,
* material default by the debtor with respect to a term of a confirmed plan,
* revocation of the order of confirmation and denial of confirmation of a modified plan,
* termination of a confirmed plan by reason of the occurrence of a condition specified in the plan,
* continuing loss to or diminution of the estate, absent a reasonable likelihood or rehabilitation, or
* fraud in connection with the case.
Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.
-
5.0/5.0Great experience from start to finish. The process was smooth and stress-free, and Ms. Connie was amazing throughout—very helpful, professional, and supportive. I truly appreciate all the guidance and would highly recommend this firm.
-
5.0/5.0
I'm just finishing up 5 years of bankruptcy, and I honestly don't know how I would've done it without this Group. Everyone was super professional every time I reached out with questions, and they were always there to answer them. I eve...
-
5.0/5.0
Starting the process of bankruptcy can seem scary. However, working with Jeff Field & Associates made it very easy. They explained everything so clearly and helped my spouse and I, walk through every step of the process. Definitely recommend!
-
5.0/5.0
I highly recommend them the did a great job with my case and made the steps very easy they worked with me every step of the way on completing all my paperwork highly recommended them
-
5.0/5.0
A few months ago, I had to file for bankruptcy, and this team made the whole process so smooth. They answered every single question I had and walked me through everything step by step. Honestly, all I had to do was sit back and let them handle it; Th...
Please fill out the form below and one of our attorneys will contact you.
