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Order On Debtors Motion To Convert Case F 1017-1.2 - California
| Order On Debtors Motion To Convert Case Form. This is a California form and can be used in 1010-1 Thru F 9075-1 Local USBC Central Federal . |
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Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number FOR COURT USE ONLY Attorney for UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: CHAPTER CASE NUMBER Debtor. ORDER ON DEBTOR'S MOTION TO CONVERT CASE UNDER 11 U.S.C. §§ 706(a) OR 1112(a) Pursuant to Local Bankruptcy Rule 1017-1, Debtor moved to convert this chapter case to a case under chapter . FINDING that this case was not previously converted from another chapter and Debtor is entitled to relief under the chapter to which conversion is sought, THE COURT ORDERS AS FOLLOWS: 1. 9 9 Motion granted. This case is hereby converted to chapter pursuant to 11 U.S.C. § 706(a). If this case is being converted to chapter 13, Debtor must file a Chapter 13 Plan no later than 14 days after the date of the entry of this Order. 2. Motion granted. This case is hereby converted to chapter 7 pursuant to 11 U.S.C. § 1112(a). a. Within 14 days of the date of this order, the debtor in possession or chapter 11 trustee, if the Debtor is not a debtor in possession, must file a schedule of unpaid debts incurred after commencement of the chapter 11 case. b. Within 30 days of the date of this order, the debtor in possession or chapter 11 trustee, if the Debtor is not a debtor in possession, must file and transmit to the United States trustee a final report and account. c. The debtor in possession or chapter 11 trustee, if the Debtor is not a debtor in possession, must forthwith turn over to the chapter 7 trustee all records and property of the estate remaining in its custody and control. d. Within 14 days of the date of this order, the Debtor must file the statements and schedules required by F.R.B.P. 1019(1)(A) and 1007, if such documents have not already been filed. e. If the Debtor is an individual, within 30 days of the date of this order or before the first date set for the meeting of creditors, whichever is earlier, Debtor must file a statement of intention with respect to retention or surrender of property securing consumer debts. (This Order is continued on the next page.) This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. February 2013 F 1017-1.2 Order on Debtor's Motion to Convert Case - Page 2 In re Debtor. CHAPTER CASE NUMBER F 1017-1.2 f. Within 30 days of the date of this order, the Debtor must, if the case is converted AFTER confirmation of a plan, file: (1) A schedule of all property not listed in the final report and account which was acquired after commencement of the chapter 11 case but before entry of this conversion order. (2) A schedule of executory contracts and unexpired leases entered into or assumed after the commencement of the chapter 11 case but before entry of this conversion order, and (3) A schedule of unpaid debts not listed in the final report and account which were incurred after the commencement of the chapter 11 case but before entry of this conversion order. 3. 9 9 a. b. c. Motion denied without prejudice on the following grounds (specify): 9 See Attached Page 4. Motion denied with prejudice on the following grounds: 9 9 9 9 Case previously converted under 11 U.S.C. § 91112 9 1208 9 1307 Debtor is not an eligible Debtor under the chapter to which conversion is sought Debtor is not acting or has not acted in good faith and, therefore, is not eligible to be a debtor under chapters 11, 12 or 13 Debtor is not a Debtor-in-Possession as required under 11 U.S.C. § 1112 Case was originally commenced as an involuntary chapter 11 case and is not eligible for automatic conversion under 11 U.S.C. § 1112 d. e. 5. 9 9 9 This matter is set for hearing as follows: Date: Address of Courtroom: Time: Ctrm: 6. Notice is required as follows (specify): 9 9 See Attached Page 7. Court further orders as follows (specify): See Attached Page Dated: UNITED STATES BANKRUPTCY JUDGE This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. February 2013 F 1017-1.2 NOTICE OF ENTERED ORDER AND SERVICE LIST Notice is given by the court that a judgment or order entitled (specify): ORDER ON DEBTOR'S MOTION TO CONVERT CASE UNDER 11 U.S.C. §§ 706(a) OR 1112(a) was entered on the date indicated as "Entered" on the first page of this judgment or order and will be served in the manner stated below: 1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) B Pursuant to controlling General Orders and LBRs, the foregoing document was served on the following persons by the court via NEF and hyperlink to the judgment or order. As of (date)________________, the following persons are currently on the Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email addresses stated below. Service information continued on attached page 2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this judgment or order was sent by United States mail, first class, postage prepaid, to the following persons and/or entities at the addresses stated below: Service information continued on attached page 3. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp by United States mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following persons and/or entities at the addresses, facsimile transmission numbers, and/or email addresses stated below: Service information continued on attached page This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. February 2013 Page 3 F 1017-1.2
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