Local Rule RULE 1019-1: CONVERSION – PROCEDURE FOLLOWING
Bankr. N.D.N.Y. — General rule
RULE 1019-1 CONVERSION – PROCEDURE FOLLOWING
(a) Filing of Additional Lists, Schedules, and Statements. In accordance with Fed. R. Bankr. P. 1019, the previously filed petition, lists, schedules, statements, and claims actually filed shall be deemed filed in the converted case. Only the lists, schedules, and any other statements necessary to complete the filing requirements in the newly converted case shall be filed upon conversion.
(b) Timeliness of Filing Schedule of Unpaid Debts. When the schedule of unpaid debts is filed in a case converted to chapter 7 within the period prescribed by Fed. R. Bankr. P. 1019(5), the Clerk shall notice each creditor listed on the schedule regarding the filing of post-petition claims pursuant to Fed. R. Bankr. P. 1019(6). When the schedule is untimely filed, the filer shall provide the notice required by this paragraph, and file a certificate of service.
(c) Supplemental Matrix. Any list, schedule, or statement filed as a result of a conversion that includes a creditor not previously listed on the case matrix, shall be accompanied by a supplemental certified matrix prepared as directed by LBR 1007-2, which lists, without duplication, only the additional creditor.
(d) Duties of Trustee or Debtor in Small Business Case upon Conversion to Chapter 11. Within seven (7) days of the conversion of a chapter 7, 12, or 13 case to chapter 11, the trustee or the debtor in possession shall file the additional items required pursuant to § 1116(1)(A) or a statement pursuant to § 1116(1)(B).
(e) Debtor's Affidavit upon Conversion to Chapter 11. In addition to the information required by LBR 2015-2, the debtor's affidavit shall set forth:
(1) If the case was originally commenced under chapter 7, 12, or 13, the name and address of any trustee appointed in the case and the name and address of each member elected to the creditors' committee in the chapter 7 case; and
(2) The name and address of each committee member and any attorney for such committee, organized prior to the order for relief in a chapter 11 case, and a brief description of the circumstances surrounding the formation of the committee, including the date of formation.
Comment This Rule should be read in conjunction with LBRs 1002-1, 1007-2, 1007-3 and 2015-2.