Voluntary Conversions and Dismissals

Voluntary Conversions and Dismissals. The following chart assumes that unless otherwise indicated, these motions or notices are made by the debtor or debtor’s attorney to all interested parties in the case. Fed. R. Bankr. P. 1017(a). Notice will not be given by the bankruptcy court. See 11 U.S.C. §§ 706, 707, 1112, 1208, 1307.

Notice of the motion must advise interested parties of their right to request that the court set a hearing on the motion. No action will be taken on the motion unless 14 days have passed, plus three days for mailing. If no request for a hearing is made during that time, the moving party may file an affidavit of no objection and proposed order granting the action requested. LBR 9013. The court may also decide to set a hearing even if no request is made.

If a hearing is set, only the party requesting the hearing, debtor, debtor’s counsel, and any trustee will be sent notice by the court at least 21 days before the hearing. Fed. R. Bankr. P. 2002(a)(4).

Dismissals

7,11 Motion, opportunity for hearing, granting order discretionary with court.  11 U.S.C. §§ 707(a), 1112(b)(1).
12 Motion, case not previously converted, mandatory order dismissing. No notice necessary if case not previously converted. 11 U.S.C. § 1208(b).
13 Motion, case not previously converted, mandatory order dismissing. No notice necessary if case not previously converted. 11 U.S.C. § 1307(b).

 

Conversions

In all cases below, the debtor must qualify to be a debtor under the chapter to which conversion is sought.

7 to 11
Motion, case not previously converted, opportunity for hearing, granting order discretionary with court. 11 U.S.C. § 706(a), (b).
7 to 12 Motion, case not previously converted, opportunity for hearing, granting order discretionary with court. 11 U.S.C. § 706(c), (d).
7 to 13 Motion, case not previously converted, opportunity for hearing, granting order discretionary with court.1 11 U.S.C. § 706(c), (d).
11 to 7 Motion, debtor qualifies under § 1112(a), mandatory order granting unless debtor is a farmer or not a moneyed, business, or commercial corporation, or if so, unless debtor consents. 11 U.S.C. § 1112(c); Fed. R. Bankr. P 1017(f)(2).
11 to 12

Motion made before discharge, debtor requests, conversion is equitable, order granting discretionary with court. 11 U.S.C. § 1112(d).

11 to 13 Motion made before discharge, debtor requests, order granting discretionary with court. 11 U.S.C. § 1112(d).
12 to 7 Debtor converts, no notice or order. 11 U.S.C. § 1208(a); Fed. R. Bankr. P. 1017(f)(3).
12 to 11 Motion, if qualified, order granting discretionary with court. 11 U.S.C. § 1208(e).
12 to 13 Motion, if qualified, order granting discretionary with court. 11 U.S.C. § 1208(e).
13 to 7 Debtor converts, no notice or order. 11 U.S.C. § 1307(a); Fed. R. Bankr. P. 1017(f)(3).
13 to 11 Motion before confirmation, if qualified, order granting discretionary with court. 11 U.S.C. § 1307(d), (g).
13 to 12

Motion before confirmation, if qualified, order granting discretionary with court. 11 U.S.C. § 1307(d), (g).