Local Rule 1017-2: Motion by Debtor to Dismiss or Convert Case; Notice to U.S. Trustee and Trustee
Bankr. S.D. Cal. — General rule
1017-2. Motion by Debtor to Dismiss or Convert Case; Notice to U.S. Trustee and Trustee.
(a) Chapter 7 or Chapter 11 Case. A debtor converting a chapter 7 or 11 case must: (1) accompany a motion to convert a chapter 7 or 11 case with the appropriate Fee, a notice of motion using Local Form CSD 1182, and a proposed order using the applicable Local Form: CSD 1105; CSD 1106; CSD 1107; CSD 1108; or CSD 1109; (2) file a separate set of schedules and statements which are dated and accurate as of the date of the notice of conversion; (3) serve a copy of the motion to convert, the Documents required by LBR 1017-2(a)(2), and the proposed order on any chapter 7 or 11 trustee appointed in the case; and (4) file a Proof of Service.
(b) Chapter 13 Case.
(1) A debtor dismissing a chapter 13 case must: A. use Local Form CSD 1174 or a substantially similar Document; B. give notice using Local Form CSD 1182; C. use a proposed dismissal order that substantially conforms to Local Form CSD 1176; D. serve these Documents on the chapter 13 trustee and any prior chapter 7 trustee; and E. file a Proof of Service.
(2) A debtor converting a chapter 13 case to a case under chapter 7 must: A. use Local Form CSD 1129; B. pay the appropriate Fee; C. file with the notice of conversion; (i) schedules and statements listed in FRBP 1007(b)(1), if not yet filed; or (ii) separate set of schedules and statements which are dated and accurate as of the date of the notice of conversion; D. serve only the notice of conversion on the chapter 13 trustee; any Documents required by subpart (C) above must be served on the chapter 7 trustee upon appointment; and E. file a Proof of Service.