Local Rule 1017-3: Conversions from Chapter 7 to Chapter 13 at the Request of the Debtor

LOCAL RULE 1017-3 Conversions from Chapter 7 to Chapter 13 at the Request of the Debtor Any debtor(s) who desire(s) to convert a case from Chapter 7 to Chapter 13 shall :

A. File a Notice and Motion to Convert to Chapter 13 in substantial compliance with the format attached to these local rules as "Form 1017-3A" and shall serve said Notice and Motion upon all creditors, the U.S. Trustee and the Chapter 7 trustee.

B. If the case was previously converted from one chapter to another chapter under the Bankruptcy Code, the debtor shall set the motion for hearing and shall serve said Notice and Motion pursuant to Bankruptcy Rule 2002(a) upon all creditors, the U.S. Trustee and the Chapter 7 trustee.

C. If the case was not previously converted from one chapter to another chapter under the Bankruptcy Code:

1. Any objection to the Notice and Motion to Convert shall be filed within twenty-one (21) days of the date of the debtor's filing of the Notice and Motion to Convert and the objecting party shall obtain a hearing date for the objection and shall serve the objection and notice of hearing on the debtor(s), debtor's attorney, the U.S. Trustee and the Chapter 7 trustee according to Local Rule 9013-1H.

2. No hearing shall be held on the Notice and Motion to Convert in a previously unconverted case unless a timely objection is filed and the Court, upon the expiration of the twenty-one (21) day period set forth in Paragraph C(1) above, shall enter the standard form order of conversion to Chapter 13.

D. If the case is converted, said conversion will be effective the date of docketing of the Order of Conversion.