Rule 1017-1 : Debtor's Request for, Notice of, Conversion


(a) Conversion From Chapter 7 to Chapter 11, 12 or 13:

(1) No Prior Conversion: To convert a case from chapter 7 to chapter 11, 12 or 13 pursuant to 11 U.S.C. § 706(a), where eligible, the debtor must file a Motion for Voluntary Conversion in accordance with Fed. R. Bankr. P. 1017(f)(2), whereupon the Clerk will, if the case has not been previously converted under 11 U.S.C. §§ 1112, 1208 or 1307, enter a virtual text order effecting the conversion.

(2) Prior Conversion: In the event that the case has been previously converted, the debtor must comply with 11 U.S.C. § 706(c) and file a motion for conversion with notice to creditors pursuant to L.B.R. 9013-1.

(b) Conversion From Chapter 11 to Chapter 7:

(1) Generally: The debtor, where eligible, must file a Motion for Voluntary Conversion. Upon receipt of the application fee, the Clerk may then enter a virtual order converting the case.

(2) Limitations: Where the provisions of 11 U.S.C. § 1112(a) apply, the debtor must file a Motion for Voluntary Conversion with notice pursuant to L.B.R. 9013-1.

(c) Fees: The court will not act upon motion to convert until all required fees pursuant to 28 U.S.C. § 1930 have been paid.

(d) Reconsideration: Any party in interest may file a motion to reconsider the conversion of the case within the time specified by FED. R. BANKR. P. 9023 and 9024.

Commentary

[Source: L.B.R. 117 and GPO 2003-6]

A schedule of the current fees can be found at the bankruptcy court’s website at www.cob.uscourts.gov.

This L.B.R. is intended to address issues raised by Marrama v. Citizens Bank of Massachusetts (In re Marrama), 127 S.Ct. 1105 (2007).

Where debtor is seeking conversion for a second time, see In re Murth [sic], 378 B.R. 302 (Bankr. D. Colo 2007); but see In re Johnson, 376 B.R. 763 (Bankr. D. N.M. 2007).