4001-4. CONVERSION FROM CH 7 TO 13

4001-4. Conversion from Chapter 7 to 13

(a) A debtor who wishes to convert a pending chapter 7 case that has not previously been converted under Bankruptcy Code § 1112, 1208, or 1307 to chapter 13 shall serve a motion to convert on the chapter 7 trustee, the U.S. Trustee, and all parties in interest.

(b) If the court finds that the debtor is eligible for relief under chapter 13, then the court may issue its order converting the case to chapter 13 after the passage of 14 days following service of such motion, if no party in interest has filed an objection to such conversion.

(c) Any objections to conversion must be filed within 14 days from service of the motion to convert, and shall be served on the debtor, the chapter 7 trustee, and the U.S. Trustee. If an objection is timely filed and served, the debtor must schedule a hearing on the motion and the objection, to be held on not less than 7 nor more than 14 days notice to the objecting party, the chapter 7 trustee and the U.S. Trustee.

(d) The court will not take testimony at the hearing, and may at that time rule on the objection if there is no genuine issue of material fact.

(e) The above-mentioned time periods are subject to modification in accordance with the applicable rules. Nothing contained herein shall be construed to preclude requests for relief of any nature by or against any party in interest during the period between the filing of a motion to convert and the court’s disposition thereof.


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