Conversion – Procedure Following

(a) Trustee Fee Allowable Upon Conversion. If a Chapter 13 case is converted prior to confirmation of a Chapter 13 plan, or prior to any disbursement to creditors, the Chapter 13 Trustee shall be allowed to retain the percentage of the plan payments received as allowed by the United States Trustee Program as an administrative expense without further motion or order of the Court. (b) Duty of Trustee Upon Conversion. Upon conversion of a case from Chapter 13 or Chapter 7 to any other chapter under Title 11, the Trustee shall file an account of all receipts and disbursements made in the case and a report on the administration of the case pursuant to 11 U.S.C. § 704(a)(9) and 11 U.S.C. § 1302(b)(1).

The Trustee is discharged from the case 30 days after the filing of the required reports. 6 Back to TOC (c) Disposal of Pending Motions to Dismiss Upon Conversion. All pending motions to dismiss filed by the Trustee prior to the conversion of a case shall be deemed terminated as moot. (d) Duty to Amend.

Upon conversion of a case, the debtor shall, within 14 days of the effective date of conversion, file inventories, schedules, and statements of financial affairs as may be applicable, or amend such items to include any interest in property acquired since the entry of the order for relief in the original chapter. The amendments shall account for any material additions, deletions, or other changes in the debtor’s assets or liabilities. The amendments shall add to the mailing matrix any post-petition, pre-conversion creditors. If no amendments or additional inventories, schedules, or statements are necessary, the debtor shall file a certificate to that effect within the 14-day period.

(e) Duty to Attend Scheduled 11 U.S.C. § 341(a) Meeting of Creditors. The filing of a motion to convert a Chapter 7 case shall not relieve the debtor and debtor’s counsel from attending the 11 U.S.C. § 341(a) Meeting of Creditors scheduled in the Chapter 7 case unless the motion has been granted prior to the Meeting.