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Order Converting Case Under Chapter 13 To Case Under Chapter 7 Form. This is a Florida form and can be use in USBC Southern Federal.
Tags: Order Converting Case Under Chapter 13 To Case Under Chapter 7, LF-12, Florida Federal, USBC Southern
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov In re: Case No. Chapter Debtor / ORDER CONVERTING CASE UNDER CHAPTER 13 TO CASE UNDER CHAPTER 7 () At a hearing held in this case on , the trustee recommended and the debtor consented to conversion of this case to a case under chapter 7. () A party in interest other than the debtor has filed a motion to convert this case to a case under chapter 7 pursuant to 11 U.S.C. §1307(c). A hearing was held on at which time the court heard from all interested parties. It is ORDERED that: 1. 2. This case is converted to a case under chapter 7. The chapter 13 trustee, within 30 days of the date of this order, shall file an Page 1 of 4 LF-12 (rev. 03/11/16) American LegalNet, Inc. www.FormsWorkFlow.com accounting of all receipts and distributions made, and list any pending obligations incurred under the plan. A copy of the report shall be served on the U.S. trustee. 3. The debtor, within 14 days of the date of this order, shall file a schedule of unpaid debts incurred after the commencement of the chapter 13 case as required by Bankruptcy Rule 1019(5) and Local Rule 1019-1(B). The schedule must be accompanied by a matrix of creditors as required by the "Clerk's Instructions for Preparing, Submitting and Obtaining Service Matrices". The debtor or debtor's attorney is required to provide notice to those creditors pursuant to Local Rule 10191(B). Failure to comply may also result in sanctions being imposed by the court. Debts not listed or noticed timely will not be discharged. A copy of this schedule shall be served on the chapter 7 trustee. 4. The chapter 13 trustee shall, within 14 days from the date of this order, turn over to the chapter 7 trustee all records of the estate remaining in the chapter 13 trustee's custody and control, as required by Bankruptcy Rule 1019(4). 5. The chapter 13 trustee shall dispose of funds in the trustee's possession in accordance with Local Rule 1019-1(E), unless otherwise ordered by the court. 6. The debtor shall file, within 14 days of the date of this order: a. the statements and schedules required by Bankruptcy Rules 1007(c) and 1019(1)(A) in accordance with Local Rules 1007-2 and 1009-1(E), if such documents have not already been filed. b. the Official Form(s) 122A-1 "Chapter 7 Statement of Your Current Monthly Income and Means-Test Calculation", 122A-1Supp "Chapter 7 Means Test Exemption Attachment, 122A-2 Chapter 7 Means Test Calculation, required Page 2 of 4 LF-12 (rev. 03/11/16) American LegalNet, Inc. www.FormsWorkFlow.com under Local Rule 1019-1(L); c. payment advices as required by Bankruptcy Rules 1007(b)(1) and 1007(c) and Local Rule 1007-1(F); and d. if not already filed, the certificate and debt repayment plan, if any, required by §521(b), a certification under §109(h)(3) or a request for a determination by the court under §109(h)(4). 7. The debtor shall file, within 30 days of the date of this order, a statement of intention with respect to retention or surrender of property securing consumer debts, as required by 11 U.S.C. §521(a)(2)(A) and Bankruptcy Rule 1019(1)(B), and conforming to Official Form 108. 8. The debtor shall file, within 60 days after the first date set for the meeting of creditors under § 341, "Certification About a Financial Management Course" (Official Form 423) [See Bankruptcy Rules 1007(b)(7)(A) and (c)] (unless the course provider files a certificate of completion on the debtor's behalf). 9. If this case is being converted after the confirmation of a plan, the debtor shall file, within 30 days of the date of this order: a. A schedule of all property not listed in the final report and account of the chapter 13 trustee which was acquired after the commencement of the chapter 13 case but before the entry of this conversion order; b. A schedule of unpaid debts (and matrix as described in paragraph 3) not listed in the final report and account of the chapter 13 trustee which were incurred after the commencement of the chapter 13 case but before the entry Page 3 of 4 LF-12 (rev. 03/11/16) American LegalNet, Inc. www.FormsWorkFlow.com of this conversion order, as required by Bankruptcy Rule 1019(5) and provide notice of claims deadline as required by Bankruptcy Rule 1019(6) and Local Rule 1019-1(B); and c. A schedule of executory contracts and unexpired leases entered into or assumed after the commencement of the chapter 13 case but before the entry of this conversion order. 10. The debtor shall provide notice to affected parties of the deadline set pursuant to Local Rule 1019-1(J)(1) for filing by a nongovernmental unit a request for payment of an administrative expense. 11. If the debtor had been granted permission to pay the chapter 13 filing fee in installments and the debtor seeks waiver of the balance of the filing fee due, the debtor must file the waiver application prior to the next installment payment date to avoid dismissal of the case for nonpayment. 12. Failure of the debtor to comply with the provisions of this order may result in dismissal of this case without further hearing or notice. ### Submitted by: The party submitting this order shall serve a copy of the signed order on all parties listed below and file with the court a certificate of service conforming with Local Rule 2002-1(F). Debtor Attorney for Debtor Chapter 13 Trustee U.S. Trustee Page 4 of 4 LF-12 (rev. 03/11/16) American LegalNet, Inc. www.FormsWorkFlow.com