Convert Ch. 7 to 13/Sua Sponte Order
Rev. 05/08/19
MOTION TO CONVERT CHAPTER 7 TO CHAPTER 13/SUA SPONTE ORDER
Overview:
11 U.S.C. Section 706(a) gives the debtor the one-time absolute right of conversion to a case under this chapter to a case under chapter 11, 12 or 13 (no fee due). (** Marrama vs. Citizens Bank of MA ruling a notice will need to be sent**).
The Judge may convert a case without a motion or election being filed. Filing fee is not required.
The filing should be accompanied by the Motion and Proposed Order. When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.
For order format, please see Proposed Orders
For order format, please see Proposed Orders
Codes, Rules and Forms:
|
706(a)* |
1017 |
None |
None |
** Marrama vs. Citizens Bank of MA ruling a notice will need sent**
CM/ECF Event(s):
Motions/Applications, Convert Case
I. Noticing: