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FRBP 1019
I've never seen a form. I will send you one I did in a Chapter 11
case from a long time ago.
-Mark
******************************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist- The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
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On 12/9/2016 11:19 AM, nclark@blclaw.com [cdcbaa] wrote:
>
>
> I have a case in Santa Ana where the Chapter 7 Trustee is asking
> for a report to be filed in accordance with FRBP 1019 for a case
> that was converted after confirmation to chapter 13. I have never
> seen this in a converted chapter 13 to chapter 7 case. Does anyone
> have a sample they would like to share?
>
> Thanks,
>
> Nancy B. Clark
>
> Borowitz & Clark, LLP
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
The post was migrated from Yahoo.
Did not see the form on the local bankruptcy rule form list on the court's website. It may also be in the software.
Local Bankruptcy Rules Forms | Central District of California | United States Bankruptcy Court
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Thanks again,
David
On Friday, December 9, 2016 11:53 AM, "david@dpjacob.com [cdcbaa]" wrote:
it is a form Ilearned something new!
Great,David
On Friday, December 9, 2016 11:50 AM, "david@dpjacob.com [cdcbaa]" wrote:
Hi Nancy,
My view is that a 1019 report can be a coversheet with the formal heading and then attach amended schedules, highlighting the new debts or new assets. New assets I mean after petition date but before conversion, probably a new bank account balance, most likely. The new debt is probably new attorneys fees or if the debtor had a new car or just a declaration from the debtor that there is no new debt or assets after petition date but before conversion. I look forward to my more experienced colleagues to correct me if I am wrong, that this should be sufficient. No need to over think it.
See 1019(5)(B)(C)below.
1019(5)(B)Conversion of Chapter 13 Case. Unless the court directs otherwise, if a chapter 13 case is converted to chapter 7,(i) the debtor, not later than 14 days after conversion of the case, shall file a schedule of unpaid debts incurred after the filing of the petition and before conversion of the case, including the name and address of each holder of a claim; and(ii) the trustee, not later than 30 days after conversion of the case, shall file and transmit to the United States trustee a final report and account;
(C)Conversion After Confirmation of a Plan. Unless the court orders otherwise, if a chapter 11, chapter 12, or chapter 13 case is converted to chapter 7 after confirmation of a plan, the debtor shall file:(i) a schedule of property not listed in the final report and account acquired after the filing of the petition but before conversion, except if the case is converted from chapter 13 to chapter 7 and 348(f)(2) does not apply;(ii) a schedule of unpaid debts not listed in the final report and account incurred after confirmation but before the conversion; and(iii) a schedule of executory contracts and unexpired leases entered into or assumed after the filing of the petition but before conversion.
I hope this helps,David
On Friday, December 9, 2016 11:19 AM, "nclark@blclaw.com [cdcbaa]" wrote:
I have a case in Santa Ana where the Chapter 7 Trustee is asking for a report to be filed in accordance with FRBP 1019 for a case that was converted after confirmation to chapter 13. I have never seen this in a converted chapter 13 to chapter 7 case. Does anyone have a sample theyark, LLP
The post was migrated from Yahoo.
it is a form Ilearned something new!
Great,David
On Friday, December 9, 2016 11:50 AM, "david@dpjacob.com [cdcbaa]" wrote:
Hi Nancy,
My view is that a 1019 report can be a coversheet with the formal heading and then attach amended schedules, highlighting the new debts or new assets. New assets I mean after petition date but before conversion, probably a new bank account balance, most likely. The new debt is probably new attorneys fees or if the debtor had a new car or just a declaration from the debtor that there is no new debt or assets after petition date but before conversion. I look forward to my more experienced colleagues to correct me if I am wrong, that this should be sufficient. No need to over think it.
See 1019(5)(B)(C)below.
1019(5)(B)Conversion of Chapter 13 Case. Unless the court directs otherwise, if a chapter 13 case is converted to chapter 7,(i) the debtor, not later than 14 days after conversion of the case, shall file a schedule of unpaid debts incurred after the filing of the petition and before conversion of the case, including the name and address of each holder of a claim; and(ii) the trustee, not later than 30 days after conversion of the case, shall file and transmit to the United States trustee a final report and account;
(C)Conversion After Confirmation of a Plan. Unless the court orders otherwise, if a chapter 11, chapter 12, or chapter 13 case is converted to chapter 7 after confirmation of a plan, the debtor shall file:(i) a schedule of property not listed in the final report and account acquired after the filing of the petition but before conversion, except if the case is converted from chapter 13 to chapter 7 and 348(f)(2) does not apply;(ii) a schedule of unpaid debts not listed in the final report and account incurred after confirmation but before the conversion; and(iii) a schedule of executory contracts and unexpired leases entered into or assumed after the filing of the petition but before conversion.
I hope this helps,David
On Friday, December 9, 2016 11:19 AM, "nclark@blclaw.com [cdcbaa]" wrote:
I have a case in Santa Ana where the Chapter 7 Trustee is asking for a report to be filed in accordance with FRBP 1019 for a case that was converted after confirmation to chapter 13. I have never seen this in a converted chapter 13 to chapter 7 case. Does anyone have a sample theyark, LLP
The post was migrated from Yahoo.
Hi Nancy,
My view is that a 1019 report can be a coversheet with the formal heading and then attach amended schedules, highlighting the new debts or new assets. New assets I mean after petition date but before conversion, probably a new bank account balance, most likely. The new debt is probably new attorneys fees or if the debtor had a new car or just a declaration from the debtor that there is no new debt or assets after petition date but before conversion. I look forward to my more experienced colleagues to correct me if I am wrong, that this should be sufficient. No need to over think it.
See 1019(5)(B)(C)below.
1019(5)(B)Conversion of Chapter 13 Case. Unless the court directs otherwise, if a chapter 13 case is converted to chapter 7,(i) the debtor, not later than 14 days after conversion of the case, shall file a schedule of unpaid debts incurred after the filing of the petition and before conversion of the case, including the name and address of each holder of a claim; and(ii) the trustee, not later than 30 days after conversion of the case, shall file and transmit to the United States trustee a final report and account;
(C)Conversion After Confirmation of a Plan. Unless the court orders otherwise, if a chapter 11, chapter 12, or chapter 13 case is converted to chapter 7 after confirmation of a plan, the debtor shall file:(i) a schedule of property not listed in the final report and account acquired after the filing of the petition but before conversion, except if the case is converted from chapter 13 to chapter 7 and 348(f)(2) does not apply;(ii) a schedule of unpaid debts not listed in the final report and account incurred after confirmation but before the conversion; and(iii) a schedule of executory contracts and unexpired leases entered into or assumed after the filing of the petition but before conversion.
I hope this helps,David
On Friday, December 9, 2016 11:19 AM, "nclark@blclaw.com [cdcbaa]" wrote:
I have a case in Santa Ana where the Chapter 7 Trustee is asking for a report to be filed in accordance with FRBP 1019 for a case that was converted after confirmation to chapter 13. I have never seen this in a converted chapter 13 to chapter 7 case. Does anyone have a sample they
The post was migrated from Yahoo.
It is a form. Done all the time in converted Chapter 11s.
Sent from Stella Havkin's iPhone
> On Dec 9, 2016, at 11:19 AM, nclark@blclaw.com [cdcbaa] wrote:
>
>
>
> I have a case in Santa Ana where the Chapter 7 Trustee is asking for a report to be filed in accordance with FRBP 1019 for a case that was converted after confirmation to chapter 13. I have never seen this in a converted chapter 13 to chapter 7 case. Does anyone have a sample they would like to share?
>
>
>
> Thanks,
>
> Nancy B. Clark
>
> Borowitz & Clark, LLP
>
>
The post was migrated from Yahoo.