Motion to Reconvert
Posted: Sat May 05, 2012 10:37 pm
Eric:
I would set the motion for a hearing. Most of our judges post a tentative and waive appearance if there is no objection.
d
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To: cdcbaa@yahoogroups.com
Sent: Saturday, May 5, 2012 8:42 AM
Subject: [cdcbaa] Motion to Reconvert
PC filed 7 to stop sale, then converted to 13 and confirmed a plan. Also has significant amount of unsecured debt (dischargeable). She now needs to reconvert to 7 - she is earning less and can no longer afford house and plan payments (especially house payments).
Since she has already converted once, can't use Notice of Conversion from 13 to 7 form.
Question: Can the motion to reconvert be made on notice/opportunity to respond (9013-1(o)), or should it be a motion set for hearing?
This type of motion does not fall within one of the categories under LBR 3015-1(w) (allowing notice and opportunity in ch 13 cases). However, this type of motion is not on the list of matters that must be set for hearing under LBR 9013-1(o)(2).
Eric Bershatski
The post was migrated from Yahoo.