There is no official form. Below, I have provided a form motion and order to convert from Chapter 7 to Chapter 13. You will have to format it on pleading paper and put in the court caption information (name of court, case no., party name, etc.).
If you can't follow the formatting below, then you will have to visit your county public law library and find Collier on Bankruptcy
, § CS12.02.
File the motion and proposed order with the court, and serve a copy by mail on the bankruptcy trustee
. No hearing is necessary, because you have an absolute right to convert one time from Chapter 7 to 13.
I hope you will carefully consider this conversion before you file the motion and order.
Order Converting Chapter 7 Case to Chapter 13—No Prior Conversions; 11 U.S.C. § 706(a); Fed. R. Bankr. P. 1017(f) UNITED STATES BANKRUPTCY COURT [Name of District] [Caption as Official Form 16B, See Form No. CS26.02-2]
[Name of Debtor], debtor herein, moves for an order converting this case from a case under chapter 7 to a case under chapter 13 of the Bankruptcy Code, and would show the court the following:
1. The debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Codeon [Date Petition Filed] and the case has not been converted under section 1112, 1307, or 1208 of the Code.
2. Debtor is eligible to be a debtor under chapter 13 of the Bankruptcy Codein that debtor is an individual with regular income as that term is defined in section 101 of the Code.
3. [Select: A copy of the debtor’s proposed plan dated [Date of Debtor’s Proposed Plan] is attached or The debtor intends to file a chapter 13 plan within such time as provided by the Rules.]
WHEREFORE, debtor prays for an order converting this case from a case under chapter 7 to a case under chapter 13.
Dated: [Date of Signature]
Attorney for Debtor
[City, State Zip Code]
[Telephone Number] STATE OF [Name of State]
COUNTY OF [Name of County] ss.:
I, [Name of Debtor], the debtor named in the foregoing motion, do hereby swear that the statements contained therein are true according to the best of my knowledge, information, and belief.
Subscribed and sworn to before me on [Date of Signature]
[Name of County] County, [Name of State]
Practice Area(s): ; Other
Jurisdiction(s): U.S. Bankruptcy Court, All Districts Form No. CS12.02-2 Order Converting Chapter 7 Case to Case Under Chapter 13—No Prior Conversions; 11 U.S.C. § 706(a); Fed. R. Bankr. P. 1017(f)1
UNITED STATES BANKRUPTCY COURT [Name of District] [Caption as Official Form 16B, See Form No. CS26.02-2] Order Converting Chapter 7 Case to Case under Chapter 13
The debtor has filed a motion, in accordance with 11 U.S.C. § 706(a), seeking to convert this case to a case under chapter 13 of the Bankruptcy Code. The court has considered the record, and finds that the case has not been converted previously under 11 U.S.C. § 1112or § 1208, or § 1307.
IT IS ORDERED THAT:
1. This chapter 7 case is converted to a case under chapter 13.
2. The chapter 7 trustee within 30 days of the date of this order shall file:
- a.an account of all receipts and disbursements made in the chapter 7 case, and
- b.a report on the administration of the case pursuant to 11 U.S.C. § 704(9).
3. The trustee forthwith shall turn over to the debtor all records and property of the estate remaining in the trustee’s custody and control.
4. The trustee or any other party entitled to compensation may within 30 days of the date of this order file an application for compensation and reimbursement of expenses.
5. The debtor within 14 days from the date of this order shall file the statements and schedules required by Bankruptcy Rule 1007(b), if such documents have not already been filed.
6. The debtor within 14 days from the date of this order shall file a chapter 13 plan.
7. [Add Other Provisions as Needed]
BY THE COURT _________________________________
United States Bankruptcy Judge