Local Rule 1017-1: CONVERSION

RULE 1017-1 CONVERSION

(A) Schedule of Unpaid Debts: Within 14 days after conversion of a case, the debtor shall file either:

(1) a schedule of unpaid debts incurred after commencement of the original bankruptcy case, and a list of creditors in the format required by the Clerk or

(2) a certification that no unpaid debts have been incurred since the commencement of the case.

(B) Filing of Schedule of Unpaid Debts: If the debtor fails to file the schedule and list referred to in paragraph (A)(1) of this Local Bankruptcy Rule on the date of conversion of the case, any such subsequent filing shall be treated as an amendment under LBR 1009-1 and the debtor shall give all required notices.

(C) Filing of Official Form 122A-1, 122B or 122C-1 Upon Conversion of Case: Unless otherwise ordered by the Court, in a case converted from chapter 11, 12 or 13 to chapter 7, the debtor shall file Official Form 122A-1 "Chapter 7 Statement of Your Current Monthly Income," within 14 days after conversion. In a case of an individual debtor converted to chapter 11, the debtor shall file Official Form 122, "Chapter 11 Statement of Your Current Monthly Income," within 14 days after entry of the conversion order. In a case of an individual debtor converted to chapter 13, the debtor shall file Official Form 122C-1, "Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period," within 14 days after entry of the conversion order.

(D) Report of the Debtor in Possession or Trustee: Upon the failure of the debtor in possession or trustee in a superseded case to file the report required under FRBP 1019(5), the United States trustee shall certify the matter to the Court for appropriate action.

Comments 1017-1(A) Wording added for clarification and reference to the number of copies required upon conversion and the filing of the Schedule of Unpaid Debts.

1017-1(B) Change of wording necessary so that anything filed after the conversion date is to be treated as an amendment and the debtor is responsible for the noticing.

1017-1(D) It was felt that the responsibility for monitoring the filing of these reports was with the U.S. Trustee since FRBP 1019(5) requires the report go to the U.S. Trustee in the first place.

1017-1 LBR 1017-1 is amended. Reserved (C) is removed and a new paragraph (C) from former Interim Procedure 1017-1(C) is inserted. Paragraph (D) has been amended. In addition, time-computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective 12/01/09.]

1017-1(C) Paragraph (C) has been amended to conform to Official Bankruptcy Form number and name re-designations that take effect December 1, 2014. [Change effective 12/01/14.]

1017-1 New Official Forms 122A-1, 122B, and 122C-1 are derived from Official Forms B22A-1, B22B, and B 22C. Revisions have been made to these forms in addition to stylistic changes made throughout the forms. [Changes effective 12/1/15.]