(a) Unless moving for conversion to chapter 13 in response to a motion to dismiss filed by the U.S. Trustee under 11 U.S.C. § 707(b), a debtor who wishes to convert to chapter 13 a pending chapter 7 case that has not previously been converted shall serve a motion to convert on the chapter 7 trustee, the U.S. Trustee, and all parties in interest.
(b) When serving a motion to convert to chapter 13, the debtor should utilize the "Notice and Opportunity For Hearing" procedures of B.L.R. 9014-1(b)(3). For purposes of motions made under this rule, the 21 day notice provision of B.L.R. 9014-1(b)(3)(A)(i)(time to object and request a hearing) shall be 14 days. If an objection is filed or served, the 14 day notice provisions of B.L.R. 9014-1(b)(3)(A)(iv) (time for initiating party to give notice of a hearing) shall be 7 days; the notice of hearing should be served on the objecting party, the chapter 7 trustee and the U.S. Trustee. If no party in interest has filed an objection within 14 days following service of the motion to convert, the debtor may file a declaration of no response and upload or lodge an order granting the motion.
(c) 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.
(d) 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.