Convert Ch. 7 to 11/Sua Sponte Order
MOTION TO CONVERT CHAPTER 7 TO CHAPTER 11/SUA SPONTE ORDER
11 U.S.C. Section 706(a) gives a debtor the one-time absolute right of conversion to a case under this chapter to a case under chapter 11, 12, or 13 (fee due upon conversion). (**Marrama vs. Citizens Bank of MA ruling a notice will need sent**)
11. U.SC. Section 706(b) allows a party in interest, after notice and hearing, to request that the court convert a case under this chapter to a case under chapter 11.
There is no fee due if the UST or any US Government agency files the motion. There may be no fee due if the motion is accompanied by an IFP application or if the trustee files a certification that there are no funds available from the estate.
The filing should be accompanied by the Motion, Certificate of Service and Proposed Order. For order format, please see Proposed Orders
The Judge may convert a case without a motion or election being filed. Filing fee is not required.
Motions/Applications, Convert Case