Local Rule 1017-1: Conversion or Dismissal of Cases

Rule 1017-1 Conversion or Dismissal of Cases

(a) Conversion Under 11 U.S.C. § 706(a). A motion by the debtor seeking to convert a chapter 7 case under § 706(a) to a case under chapter 11, 12, or 13 of the Code: (1) is governed by AK LBR 9013-1(g); and (2) must be— [A] transmitted to the United States trustee, and [B] served on the trustee; and

(3) Twenty-one (21) days' notice of the motion must be given to the Matrix.

(b) Conversion Under 11 U.S.C. § 1112(a). A motion by the debtor under § 1112(a) of the Code to convert the case from a case under chapter 11 of the Code to a case under chapter 7 of the Code: (1) is governed by AK LBR 9013-1(g); and (2) must be: [A] transmitted to the United States trustee; and [B] served on— (i) any committee appointed in the case, and (ii) the holders of secured claims.

(c) Conversion in Response to 11 U.S.C. § 707(b) Motion. No separate or additional notice of conversion of a chapter 7 case to a case under chapter 11 or 13 of the Code need be given if: (1) the debtor requests such conversion in response to a motion to dismiss brought by the United States trustee under § 707(b); and (2) the United States trustee consents to the conversion.

(d) Dismissal Under 11 U.S.C. § 1307(b). The motion requirement established by Federal Rule of Bankruptcy Procedure 1017(f)(2) for a debtor's voluntary motion to dismiss under § 1307(b) is satisfied by the filing of an ex parte notice of dismissal by a qualified Chapter 13 debtor without further notice or hearing.