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You can initiate the process by filing a motion with the court, explaining why you want to convert the case. The court is likely to grant you this opportunity unless you are ineligible or show bad faith. An example of bad faith could include concealment of assets in the Chapter 7 case.
Five Tips for Surviving Your Chapter 13 Bankruptcy Always be Honest in Your Bankruptcy Paperwork. ... Only Propose and Accept a Repayment Plan You Can Afford. ... Create a Budget and Stick to It. ... Notify Your Attorney When Circumstances Have Changed. ... Provide Your Documents in a Timely Manner. ... Speak with a Bankruptcy Attorney.
The person filing for bankruptcy is the one who pays for the bankruptcy, either the individual or the creditor in a forced bankruptcy.
Fraud. A court might disqualify you from the bankruptcy process if they believe you attempted to defraud your creditors. This also applies to situations where debtors attempt to hide their assets.
Also do not not incur debt, use credit, credit cards, or enter into leases while in Chapter 13 without Bankruptcy Court approval, except in the case of an emergency for the protection and preservation of life, health or property. Contact your attorney if you need to sell property or incur debt.