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Hearing and Disposition In Involuntary Cases

Local Rule Number: 
Rule 1013-1
1000 Series

(A)       Contested Petition.  If the debtor files a timely answer contesting the petition, the court will then set the contested petition for trial or, at its discretion, for pretrial conference and trial.

(B)       Motion to Convert Involuntary Chapter 7 Case.  A motion to convert by the debtor in an involuntary chapter 7 proceeding shall be deemed a consent to entry of an order for relief under the chapter to which the case is being converted.

(C)       Debtor’s Failure to File Lists, Schedules, Statements, and Matrix.  If the debtor has failed to comply with (1) the requirements of Bankruptcy Rule 1007 and Local Rules 1007-1 and 1007-2, and (2) the order for relief, the court shall issue an order to show cause against the debtor or other person designated by the court.  The court shall not set any required deadlines and the §341 notice shall not be issued until a complete service matrix is filed in the format required by the “Clerk’s Instructions for Preparing, Submitting and Obtaining Service Matrices”.

[Comment: See also 11 U.S.C. §§706(a), 1112(a), 1208(a), and 1307(a), Bankruptcy Rule 1019 and Local Rules 1019-1 (converted cases), 1017-2(B) (dismissal of involuntary case for failure to appear at meeting of creditors), and 1074-1 (corporations).]