Local Rule Rule 1019-1: Filing Requirements for Conversions
Bankr. D. Minn. — General rule
Rule 1019-1. Filing Requirements for Conversions When converting a case to another chapter, the notice of conversion or motion to convert must:
(a) Identify the chapter to which the party seeks to convert and the applicable statutory authority for the conversion;
(b) Include any documents necessary to establish eligibility to proceed under the new chapter, including, if applicable, the statement of current monthly income and means test; and
(c) Include amended Schedules I and J, for an individual debtor seeking to convert a case to chapter 7 or chapter 13.
[Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006; December 1, 2009; May 1, 2014; December 1, 2015; July 17, 2023.]
2023 Advisory Committee Notes Local Rule 1019-1 was amended to remove language that was duplicative of Fed. R. Bankr. P. 1017 and 1019 and to ensure consistency with the same. With these changes, Local Form 1019-1 was also abrogated. The procedure to convert a case to a different chapter—whether by a notice of conversion or a motion to convert—is specified in Fed. R. Bankr. P. 1017(f). Please also refer to Fed. R. Bankr. P. 1019 for the filing requirements to convert a chapter 11, 12, or 13 case to chapter 7. All references to needing a separate proof of authority to sign and file have been removed because the Declaration Under Penalty of Perjury for Non-Individual Debtors (Official Form 202) must be filed when an individual who is authorized to act on behalf of a non-individual debtor signs and submits: (a) the schedules of assets and liabilities; (b) any other document that requires a declaration that is not included in the document; and (c) any amendments to those documents.
Amended Local Rule 1019-1 only addresses what information should be filed with the notice of conversion or the motion to convert when converting a bankruptcy case to a different chapter. To establish eligibility to proceed under chapter 7, the debtor must file with the notice of conversion or motion to convert the statement of current monthly income and means test (Official Forms 122A-1/A-2). An individual debtor converting to a chapter 7 or 13 case must also file amended Schedules I and J (Official Forms 106I and 106J) to allow the trustees to assess income requirements. Please note that after a case is converted, the trustee may request that the debtor file other new schedules and statements.