Motion to Convert

Last Updated: December 17, 2014

If case is being converted voluntarily by debtor from Chapter 12/13 to Chapter 7, see Notice of Conversion (Ch. 12 or Ch 13).

(All conversions subject to eligibility requirements)

See also Notice and Service Requirements

See also Multi-Part Motions

Filing Requirements:

If filed by Debtor

If filed by Interested Party

  • Chapter 12/13 to Chapter 7:
    see Notice of Conversion

  • Chapter 7 to any available chapter (no previous conversion):
    - 14 day objection period
    - service on interested parties

  • Chapter 7 or Chapter 11 to any available chapter  (if case previously converted from another chapter or when 1112(a)(1), (2), (3) applies):
    - 21 day objection period
    - service on all creditors.

  • Chapter 11 to Chapter 7 (no previous conversion):
    - 14 day objection period
    - service on interested parties.

  • Chapter 13 to Chapter 11/12:
    - 14 day objection period
    - service on interested parties.

  • Chapter 12 to Chapter 13:
    - 21 day objection period
    - service on all creditors.

Filing Requirements:

  • Motion to Convert

  • Notice of Motion with applicable objection period.

  • Proof of Service on applicable parties.

  • Filing Fee: [Note: Refer to Bankruptcy Court Miscellaneous Fee Schedule ]

    • No Fee for the following:

      • Ch.  7  to Ch. 12 or Ch. 13

      • Ch. 11 to Ch. 12 or Ch. 13

      • Ch. 13 to Ch. 12
         

  • No proposed order necessary.

 

  • Chapter 13 to any available chapter:
    - 14 day objection period
    - service on interested parties.

  • Chapter 7 to Chapter 11/13 under Section 707(b) - (By US Trustee, Trustee or Interested Party) (Chapter 13 Debtor must request conversion):
    -  14 day objection period
    -  service on interested parties.

  • Chapter 7, 11, or 12 to any available chapter (Chapter 12 Debtor must request conversion):
    - 21 day objection period
    - service on all creditors
      (Rule 2002(a)(4))

Filing Requirements:

  • Motion to Convert

  • Notice of Motion with applicable objection period.

  • Proof of Service on applicable parties.

  • Filing Fee [Note: Refer to Bankruptcy Court Miscellaneous Fee Schedule for filing fee ]


To File Electronically
:

If filed by Debtor

If filed by Interested Party

  1. Log into CM/ECF.

  2. Select [Bankruptcy >Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Convert Case Ch.. to Ch..] from the event list.

  1. Select the party filer.

  2. Enter a "y or n" if the notice and proof of service are included with the motion.

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  3. Browse to select the Motion (.pdf file).

  4. To pay via ACH or credit card, answer "y" to "Are you paying via Internet?" Select [Next] to continue. The dollar amount will appear on the next screen.

  5. Modify the text as appropriate.

  6. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Convert Case... ] from the event list.

  5. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  6. Enter a "y or n" if the notice and proof of service are included with the motion.

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  7. Browse to select the Motion (.pdf file).

  8. Enter date served.

  9. To pay via ACH or credit card, answer "y" to "Are you paying via Internet?" Select [Next] to continue. The dollar amount will appear on the next screen.

    Note:
    If filing fee is exempt, type "exempt" in receipt field.

  10. Modify the text as appropriate if necessary

  11. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately emailed to all participants who receive electronic notification in the case.

  12. Submit Proposed Order. Instructions

 

11 U.S.C.: 109, 706(a), (c), and (d), 1112(b)(2), (c), and (f), 1208(e), 1307(f) and (g)

 

FRBP: 1017(e) and (f)(1), (2) and (3); 2002(a)(4)