Convert Ch. 11 to Ch. 12 or 13/Sua Sponte Order
MOTION TO CONVERT CH. 11 TO CH. 12 OR 13/SUA SPONTE ORDER
Overview:
Under 11 U.S.C. Section 1112(d) the court may convert a case under this chapter to a case under chapter 12 or 13 ONLY; if the debtor requests such a conversion; the debtor has not been discharged under section 1141(d) of this title; and upon request to convert to a chapter 12, such conversion is equitable (no fee due).
The filing should be accompanied by the Motion and Proposed Order.
The Judge may convert a case without a motion being filed.
Motions/Application/Contested Matters, Convert Case
I. Noticing:
A. Type: Hearing Required - within 30 days - 14 day language
B. Who Serves: Court
C. Service: Matrix