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Conversion – Request for/Notice of

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Local Rule Number: 
Rule 1017-1
1000 Series

(A)       Orders for Conversions Not Requiring a Hearing.  The filing of a motion to convert, either ex parte or on negative notice, must be accompanied by the applicable local form order of conversion in accordance with the court’s “Guidelines for Preparing, Submitting and Serving Orders”.  Where conversion is effected upon the filing of a notice of conversion under §1208(a) or §1307(a), the court shall prepare the order upon conversion.

(B)       Orders for Conversions Requiring a Hearing.  Any party directed to submit a conversion order for conversions requiring a hearing shall submit a proposed order which conforms to the applicable local form order of conversion, modified as necessary to reflect the hearing date and any additional directives of the court, and submitted in accordance with the court’s “Guidelines for Preparing, Submitting and Serving Orders”.

(C)       Required Fees.

(1)        Trustee Fee.  An additional fee intended for payment to chapter 7 trustees under the “Bankruptcy Court Miscellaneous Fee Schedule” is due when the motion or notice of conversion to convert to chapter 7 is filed.

(2)        Conversion Fee.  If applicable, a fee shall be charged at the time a motion to convert is filed in the amount of the difference between the current filing fee for the chapter under which the case was originally commenced and the current filing fee for the chapter to which the case is requested to be converted if the converted to case chapter fee is greater.

[Comment: See “Clerk’s Summary of Fees”.]