Central District Consumer Bankruptcy Attorney's Association

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
________________________________
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.

The motion is set for hearing. Just did one
and even though the trustee wouldn't
have objected at the confirmation hearing
if the judge would have granted it then,
he is heating it this week.
Sent from my iPhone
On May 5, 2012, at 8:42 AM, "ericbershatski" wrote:
> 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 motion is set for hearing. Just did oneand even though the trustee wouldn'thave objected at the confirmation hearingif the judge would have granted it then,he is heating it this week.Sent from my iPhoneOn May 5, 2012, at 8:42 AM, "ericbershatski" <eric.bershatski@gmail.com> wrote:

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.

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.