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General Order No. 19, Conversion from Chapter 7 to Chapter 13 (Abrogated by General Order 21)

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United States Bankruptcy Court
Northern District of California

 

GENERAL ORDER NO. 19
(Abrogated by General Order 21)


    1. This General Order governs the procedures that apply when: (a) a debtor wishes to convert a pending chapter 7 case to chapter 13, and (b) the case has not previously been converted under Bankruptcy Code § 1112, 1208, or 1307. (See Bankruptcy Code § 706(a) and Fed. R. Bankr. P. 1017(f)(2) and 9013).

    2. Pursuant to Fed. R. Bankr. P. 9013, the court directs that debtors shall serve any such motion to convert on the chapter 7 trustee, the U.S. Trustee, and all parties in interest.

    3. If the court finds that the debtor is eligible for relief under chapter 13, then the court may issue its order converting the case to chapter 13 after the passage of 10 days following service of such motion, if no party in interest has filed an objection to such conversion.

    4. Any objections to conversion must be filed within 10 days from service of the motion to convert, and shall be served on the debtor, the chapter 7 trustee, and the U.S. Trustee. If an objection is timely filed and served, the debtor must schedule a hearing on the motion and the objection, to be held on not less than 7 nor more than 15 days notice to the objecting party, the chapter 7 trustee and the U.S. Trustee.

    5. 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.

    6. 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.
DATED: 3/28/07  
/s/
RANDALL J. NEWSOME
Chief Judge
United States Bankruptcy Court