Local Rule RULE 1017-1: CONVERSION TO CHAPTER 11, 12 OR 13
Bankr. E.D. Okla. — General rule
RULE 1017-1. CONVERSION TO CHAPTER 11, 12 OR 13 A.Conversion from Chapter 7 to Chapter 11, 12 or 13.
1.Procedure if sought by the debtor - The following procedure shall be employed for conversion by the debtor from Chapter 7 to Chapter 11, 12 or 13:
Conversion shall be accomplished by motion reflected in Local Form 1017-1(A)(1)(a), pursuant to 11 U.S.C. § 706(a) and Bankruptcy Rule 1017(f)(2) and notice reflected in Local Form 20A Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing, if Objection is filed, per Local Rule 9013-1(B).
2.Procedure if sought by a party in interest - The following procedure shall be employed for conversion by a party in interest from Chapter 7 to Chapter 11:
Conversion shall be accomplished by motion reflected in Local Form 1017-1(A)(2)(a) pursuant to 11 U.S.C. § 706(b) and Bankruptcy Rule 1017(f) and notice reflected in Local Form 20A Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing, if Objection is filed, per Local Rule 9013-1(B).
3.Conversion from a Chapter 7 to a Chapter 12 or 13 by a party in interest is prohibited by 11 U.S.C. § 706(c) absent the debtor's consent.
B.Conversion from Chapter 11 to Chapter 7 1.Procedure if sought by the debtor - The following procedure shall be employed for conversion by the debtor from Chapter 11 to Chapter 7:
Conversion shall be accomplished by motion reflected in Local Form 1017-1(B)(1)(a) pursuant to 11 U.S.C. § 1112(a) and Bankruptcy Rule 1017(f).
2.Procedure if sought by a party in interest - The following procedure shall be employed for conversion by the party in interest from Chapter 11 to Chapter 7:
Conversion shall be accomplished by motion reflected in Local Form 1017-1(B)(2)(a) pursuant to 11 U.S.C. § 1112(b) and Bankruptcy Rule 1017(f) and notice reflected in Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing per Local Rule 9013-1(B).
C.Conversion from Chapter 11 to Chapter 12 or 13 1.Procedure if sought by the DIP - The following procedure shall be employed for conversion by the DIP from Chapter 11 to Chapter 12 or 13:
a)Conversion shall be accomplished by motion reflected in Local Form 1017-1(C)(1)(a) pursuant to 11 U.S.C. § 1112 (d) or Bankruptcy Rule 1017(f)(2) and notice reflected in Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing per Local Rule 9013-1(B).
b)Within thirty (30) days after entry of the Order of Conversion, or within the time otherwise ordered by the Court, the DIP shall file a Final Account. See Local Form 1017-1(C)(1)(b).
2.Procedure if sought by a party in interest - Conversion from a Chapter 11 to a Chapter 12 or 13 by a party in interest is prohibited 11 U.S.C. § 1112(d) without DIP consent.
D.Conversion from Chapter 12 or 13 to Chapter 7 1.Procedure if sought by the DIP/debtor - The following procedure shall be employed for conversion by the DIP/debtor from Chapter 12 or 13 to Chapter 7:
Conversion shall be accomplished by Notice of Conversion reflected in Local Form 1017-1(D)(1)(a) pursuant to 11 U.S.C. §§ 1208(a) or 1307(a).
2.Procedure if sought by a party in interest - The following procedure shall be employed for conversion by a party in interest from Chapter 12 or 13 to Chapter 7:
Conversion shall be accomplished by motion reflected in Local Form 1017-1(D)(2)(a) pursuant to 11 U.S.C. §§ 1208(d) or 1307(c) and Bankruptcy Rule 1017(f) and notice reflected in Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing per Local Rule 9013-1(B).
E.Conversion from Chapter 12 to Chapter 11 or 13 1.Procedure if sought by the DIP or by a party in interest - The following procedure shall be employed for conversion by the DIP or a party in interest from Chapter 12 to Chapter 11 or 13:
Conversion shall be accomplished by motion reflected in Local Form 1017-1(E)(1)(a) pursuant to 11 U.S.C. § 1208 (e) and notice reflected in Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing per Local Rule 9013-1(B).
F.Conversion from Chapter 13 to Chapter 11 or 12 1.Procedure if sought by the debtor - The following procedure shall be employed for conversion by the debtor or party in interest from Chapter 13 to Chapter 11 or 12:
Conversion shall be accomplished by motion reflected in Local Form 1017-1(F)(1)(a) pursuant to 11 U.S.C. § 1307(d) and Bankruptcy Rule 1017(f) and notice reflected in Local Form 20A, Notice of Motion, Notice of Deadline to File Objection and Notice of Hearing per Local Rule 9013-1(B).
G.Information Regarding Domestic Support Obligations. Within thirty (30) days after the conversion of a case to a case under Chapter 11, 12 or 13, the debtor shall provide the trustee, if a trustee is appointed, with the information required by Local Rule 4002-1(B) on Local Form 4002-1(B).