Local Bankruptcy Rules – Western District Of Oklahoma

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RULE 1017-1 DISMISSAL OR CONVERSION OF CASES

Conversion or dismissal of a case, except those conversions pursuant to 11 U.S.C. §§ 1208(a) or 1307(a), shall be effective only upon entry of an order. Except for conversions of a single debtor in a joint case, conversions pursuant to Sections 1208(a) and 1307(a) are effective upon filing and service, by debtor, of a notice of conversion. Conversions of a case as to a single debtor in a joint case are effected through the procedures in Local Rule 1015-1 and this rule. Any request for conversion, the procedure for which is not specifically set forth in the following subparagraphs of this rule, must be made by motion, filed and served in conformity with Local Rules 9007-1 and 9013-1.

A. Conversions from chapter 7. A request for conversion of a case from chapter 7 to chapter 11, 12 or 13, if by the debtor, must be made by motion accompanied by an affidavit containing facts showing that the case is eligible for conversion under 11 U.S.C. § 706(a) and (d). A request for conversion of a case from chapter 7 to chapter 11, if by a party in interest, must be by motion, filed and served pursuant to Local Rules 9007-1 and 9013-1.

B. Conversions from chapter 11. A request for conversion of a case from chapter 11 to chapter 7, if by a debtor, must be made by motion accompanied by an affidavit containing facts showing that the case is eligible for conversion under 11 U.S.C. § 1112(a) and (f). A request for conversion of a case from chapter 11 to chapter 7, if by a party in interest or the United States Trustee, must be by motion, filed and served pursuant to Local Rules 9007 and 9013. A request for conversion of a case from chapter 11 to chapter 12 or 13, if by a debtor, must be made by motion, filed and served pursuant to Local Rules 9007-1 and 9013-1.

C. Conversions from chapter 12. Conversion of a case from chapter 12 to chapter 7, if requested by a debtor, is effective upon debtor’s filing and serving a notice of conversion. Requests for conversion of a case from chapter 12 to chapter 7, if by a party in interest, must be made by motion, filed and served pursuant to Local Rules 9007-1 and 9013-1.

D. Conversions from chapter 13. Conversion from chapter 13 to chapter 7, if requested by the debtor, is effective upon debtor’s filing and, serving forthwith upon the chapter 13 trustee, a notice of conversion. A request for conversion of a case from chapter 13 to chapter 7, if by a party in interest, must be made by motion, filed and served pursuant to Local Rules 9007 and 9013. All requests for conversion of a case from chapter 13 to chapter 11 or 12 must be made by motion, filed and served in conformity with Local Rules 9007-1 and 9013-1.

E. Conversion of One Debtor in Joint Cases. Upon entry of an order granting deconsolidation and payment of the fee required by the Administrative Office of the United States Courts, pursuant to 28 U.S.C. § 1930, a request for conversion may then be submitted according to the procedures in the appropriate prior subparagraph of this rule.

F. Information Regarding Domestic Support Obligations. Within fourteen (14) days after the conversion of a case to a case under chapter 11, 12 or 13, the debtor shall provide the trustee, if a trustee is appointed, with the information required by Bankruptcy Rule 4002 and Local Rule 4002-1 on Local Form 3.

G. Requests for Dismissal. A request for dismissal of any case, except those requests made pursuant to 11 U.S.C. § § 1208(b) and 1307(b), must be made by motion. A request by a debtor for dismissal of a case under chapter 12 or 13, pursuant to Section 1208(b) or 1307(b), must be made by motion, accompanied by an affidavit containing facts showing that the case has not been previously converted and disclosing any existing arrangement or agreement between the debtor and creditors or any person or entity in connection with the motion for dismissal.

H. Reconversion. Reconversion, or a second conversion of a case, must be requested by motion filed and served in accordance with this Rule and Local Rules 2002-1 and 9014-1.