Conversion from Chapter 11

5/28/2015

 

11 U.S.C. § 1112

 

The debtor, as debtor in possession, may convert a Voluntary Chapter 11 case to one under Chapter 7, as long as the case was not previously converted to a Chapter 11.   In this instance, a 21-day notice (to all creditors/parties of interest including the previous trustee (if any) would be required).

 

The court may also convert a Chapter 11 case to one under Chapter 7, on the request of any party in interest or the United States Trustee, after notice and hearing.  

 


Chapter 11 conversion to Chapter 7 by the debtor 11 U.S.C. § 1112(a)


 

Docket Event:

[Bankruptcy> Motions/Applications> Convert Case to 7]

 

Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Motion with Certificate of Service

*21 Day Notice to creditors/parties in interest

*21 Day Notice to creditors/parties in interest

*21 Day Notice to creditors/parties in interest

Filing Fee

Filing Fee

Filing Fee

Proposed Order

Proposed Order

Proposed Order

 

*21 day notice not required unless:

  • A trustee has been appointed

  • Chapter 11 was commenced as an involuntary case

  • Case was previously converted to a Chapter 11

  • Case was converted to a Chapter 11 other than at the debtor's request

 

 


Chapter 11 conversion to Chapter 7 by party in interest or US Trustee 11 U.S.C. § 1112(b)


 

When a chapter 11 case converts to a chapter 7, the case is converted to an ASSET Chapter 7.

 

Docket Event:

[Bankruptcy> Motions/Applications> Convert Case to 7]

 

Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Motion with Certificate of Service

Set for hearing

Set for hearing

Set for hearing

Filing Fee

Filing Fee

Filing Fee

 

Proposed Order

Proposed Order

 

 


Chapter 11 conversion to Chapter 12 or 13 11 U.S.C. § 1112(d)


 

Docket Events:

[Bankruptcy> Motions/Applications> Convert Case to 13]

[Bankruptcy> Motions/Applications> Convert Case to 12]

 

Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Motion with Certificate of Service

21 Day Notice to creditors/parties in interest

21 Day Notice to  creditors/parties in interest

21 Day Notice to  creditors/parties in interest

Proposed Order

Proposed Order

Proposed Order