Debtor's Motion: Convert Chapter 11 Case to a Chapter 12 or 13 Case
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About this template
This legal template is designed to assist a debtor or their legal representative in filing a motion to convert their ongoing Chapter 11 bankruptcy case to either a Chapter 12 or Chapter 13 bankruptcy case under the laws of the United States.
Chapter 11 bankruptcy is typically used by businesses or individuals with large debts to reorganize their financial affairs and repay creditors over time. However, sometimes debtors may find that their circumstances have changed or that Chapter 11 is no longer the most appropriate option for their situation.
Chapter 12 bankruptcy is specifically designed for family farmers and fishermen who need to restructure their debts while keeping their operations running. It provides an alternative to Chapter 11, tailored to the specific needs and challenges faced by those in the agricultural or fishing industry.
Chapter 13 bankruptcy, on the other hand, is available to individuals with regular income who want to reorganize their debts and create a manageable repayment plan. It allows debtors to retain their property and pay their creditors over the course of three to five years, based on their ability to repay.
This legal template would assist debtors in preparing a formal motion to the bankruptcy court, requesting the conversion of their current Chapter 11 case to either Chapter 12 or 13. The template would likely include sections outlining the reasons for the conversion, the debtor's updated financial information, and any supporting documentation or evidence. Additionally, the template would provide relevant legal citations and arguments to support the request for conversion under USA bankruptcy laws.
It is worth noting that the appropriateness of converting a Chapter 11 case to Chapter 12 or 13 would depend on various factors, such as the debtor's financial circumstances, industry, and specific goals. Therefore, debtors should consult with an attorney or a legal expert to ensure the motion is appropriately tailored to their unique situation.
This document is likely to be relevant to all sectors: Agriculture, Forestry and Fishing; Mining; Construction; Manufacturing; Transport; Energy; Wholesale; Retail; Finance; Insurance; Real Estate; Legal Services; Consumer, Public & Health Services; Education; Media; Consultancy; Technology; Public Administration; Sport & Entertainment; Other