IN RE ADMIN. ORDER REGARDING FILING OF STATEMENT (Bankr.E.D.Mich. 2006)


In re: ADMINISTRATIVE ORDER REGARDING THE FILING OF STATEMENT OF CURRENT MONTHLY INCOME AND MEANS TEST CALCULATION FORM IN CONVERTED CASES.

No. 06-08.United States Bankruptcy Court, E.D. Michigan.
February 14, 2006

STEVEN RHODES, Chief Bankruptcy Judge

The Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Form B22C) is required to be filed by in each chapter 13 case. The Statement of Current Monthly Income and Means Test Calculation (Form B22A) is required to be filed by an individual chapter 7 debtor whose debts are primarily consumer debts.

The Court has determined that it is appropriate to clarify that when a debtor whose debts are primarily consumer debts converts a chapter 13 case to a chapter 7 case, the debtor is required to file Form B22A. This requirement only affects cases filed on or after October 17, 2005, that later convert to a chapter 7.

Accordingly, an individual debtor whose debts are primarily consumer debts shall file the Statement of Current Monthly Income and Means Test Calculation (Form B22A) within 15 days from the notice of conversion or from an order converting the case from a chapter 13 case to a chapter 7 case. If the debtor fails to timely file the statement in the converted case, the case shall be dismissed pursuant to L.B.R. 1007-1(d) E.D.M.

IT IS SO ORDERED.

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