Conversions

Last Updated: February 2023

See Notice and Service Requirements

Example Conversion Text Orders

Time requirements for 341 Meetings

Ch. 7: Not less than 21 and no more than 40 days after the order for relief.

Ch. 12: Not less than 21 and no more than 60 days after the order for relief.

Ch. 13: Not less than 21 and no more than 60 days after the order for relief.

1. Converted to:	Then:
   Chapter 13 to Chapter 7 (voluntary conversion by debtor only)	Case Administrator may automatically enter go-by text order converting case (text order effective 10/7/20) (order event updated to include convert case data information and to terminate former trustee on 11/9/20) (see case #20-30392). Terminate deadlines that pertain ONLY to the chapter case was converted from, if applicable. If applicable, set 14-day deadline for Chapter 7 Means Test and verify case is flagged "means unknown". Check case for addition of new trustee and termination of former trustee. Accept date for Financial Management Course to be filed (60 days from the date first set for 341 Meeting) (individual debtors only) (unless previously filed). Run Auto Judge/Trustee Assignment.   *See 9/4/13 Meeting Notes re: adding creditors after conversion.   *See Schedule of Unpaid Debts Following Conversion.
   Chapter 12 to Chapter 7   (voluntary conversion by debtor only)	Email Judge for approval, or if unavailable, email Clerk or Chief Deputy Clerk.  If approved: Enter go-by text order converting case. If applicable, set 14-day deadline for Chapter 7 Means Test and verify case is flagged "means unknown." Check case for addition of new trustee and termination of  former trustee. Accept date for Financial Management Course to be filed (60 days from the date first set for 341 Meeting) (individual debtors only) (unless previously filed).
   All Other Conversions	Case by Case. Submit to Judge for approval.
   All Chapters	Terminate old deadlines, if appropriate [Bankruptcy > Court Events > Terminate Deadlines]. Ask Judge before removing deadlines related to a pending motion, unless the motion is rendered moot by conversion. Check for previous conversions. Set 341 Meeting date, if applicable. Set Objection to Confirmation Deadline, if applicable. Check filing fees.
   Re-Conversion to Chapter 7	Set a new date to object to discharge if the deadline did not expire in the original Chapter 7 case prior to the first conversion. If the original objection to discharge date has NOT expired, send out Official Form 309. If the deadline to object to discharge has expired, do NOT set a new date. Prepare and send special 341 Notice of the conversion to all creditors. Rule 2002(f)(2).
   Re-Conversion to Chapter 13	Follow instructions for First Conversion. Note: A new 341 Meeting is scheduled even if the meeting was concluded the first time case was a Chapter 13. When docketing the Notice of Meeting of Creditors, set all applicable deadlines (e.g., objection to dischargeability of certain debts and to file proofs of claim, etc.).

Reconverted Cases:

If case is reconverting to a Chapter 7 case:

1. Review the objection to discharge date from the original chapter 7 filing to see if it expired prior to the case being converted  (compare the objection to discharge date to the conversion date):

1. 2. If the original objection to discharge date has NOT expired prior to first conversion date, issue Official Form B309, First Meeting of Creditors, setting new deadlines.

   3. If the original deadline to object to discharge date HAS expired prior to first conversion date, issue special 341 notice with no new objection to discharge date to all creditors. Rule 2002(f)(2).

2. Review case to verify if a Chapter 7 Means Test has been filed.  If not, set 14 day deficiency deadline.

3. *See 9/4/13 Meeting Notes re: adding creditors after conversion.
   *See Schedule of Unpaid Debts Following Conversion.

4. Review case to verify if Certificate of Financial Management has been filed.  If it has, nothing further needs to be done.  If the certificate has not been filed, update filing deadline for 60 days from new 341 Meeting date.

5. If Certificate of Financial Management has not been filed, pursuant to Rule 5009(b), we will send out Second Notice of Requirement to File Financial Management Course Certificate in a converted case, if applicable. Tickle case administrator's calendar to manually send out Second Notice on the 46th day after the new 341 meeting date.

6. Tickle case administrator's calendar for 60 days from the 341 Meeting date to review case for discharge. Note: Do NOT update discharge deadline on docket.

If case is reconverting to a Chapter 13:

1. Follow instructions for Motion to Convert.

Note: A new 341 Meeting is scheduled even if the meeting was concluded the first time case was a Chapter 13. When docketing the Notice of Meeting of Creditors, set all applicable deadlines (e.g., objection to dischargeability of certain debts and proofs of claim, etc.).

 Court Instructions