Fed. R. Bankr. P. 1019 — Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter

Federal Rules of Bankruptcy Procedure

Rule 1019 — Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter

Fed. R. Bankr. P. 1019

SourceFederal Rules of Bankruptcy Procedure

Rule1019

PART X[ABROGATED]

CitationFed. R. Bankr. P. 1019

Fed. R. Bankr. P. 1019 (Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Bankr. P. 1019.

Text

(a)FILING VARIOUS DOCUMENTS; FILING A STATEMENT OF INTEN- TION.

(1)Lists, Inventories, Schedules, Statements of Financial Affairs. Unless the court orders otherwise, when a Chapter 11, 12, or 13 case is converted or reconverted to Chapter 7, the lists, inven- tories, schedules, and statements of financial affairs pre- viously filed are considered filed in the Chapter 7 case. If they have not been previously filed, the debtor must comply with Rule 1007 as if an order for relief had been entered on an invol- untary petition on the same date as the order directing that the case continue under Chapter 7.

(2)Statement of Intention. A statement of intention, if re- quired, must be filed within 30 days after the conversion order is entered or before the first date set for the meeting of credi-

Free access — add to your briefcase to read the full text and ask questions with AI

(a) FILING VARIOUS DOCUMENTS; FILING A STATEMENT OF INTEN-
TION.
(1) Lists, Inventories, Schedules, Statements of Financial Affairs.
Unless the court orders otherwise, when a Chapter 11, 12, or 13
case is converted or reconverted to Chapter 7, the lists, inven-
tories, schedules, and statements of financial affairs pre-
viously filed are considered filed in the Chapter 7 case. If they
have not been previously filed, the debtor must comply with
Rule 1007 as if an order for relief had been entered on an invol-
untary petition on the same date as the order directing that
the case continue under Chapter 7.
(2) Statement of Intention. A statement of intention, if re-
quired, must be filed within 30 days after the conversion order
is entered or before the first date set for the meeting of credi-
tors, whichever is earlier. The court may, for cause, extend
the time to file only on motion filed—or on oral request made
during a hearing—before the time has expired. Notice of an ex-
tension must be given to the United States trustee and to any
committee, trustee, or other party as the court orders.
(b) NEW TIME TO FILE A §707(b) OR (c) MOTION, A PROOF OF CLAIM,
A COMPLAINT OBJECTING TO DISCHARGE, OR A COMPLAINT TO DETER-
MINEDISCHARGEABILITY.
(1) When a New Time Begins. When a case is converted to
Chapter 7, a new time begins under Rule 1017, 3002, 4004, or 4007
to file:
(A) a motion under §707(b) or (c);
(B) a proof of claim;
(C) a complaint objecting to discharge; or
(D) a complaint to determine whether a specific debt
may be discharged.
(2) When a New Time Does Not Begin. No new time to file be-
gins when a case is reconverted to Chapter 7 after a previous
conversion to Chapter 11, 12, or 13 if the time to file in the
original Chapter 7 case has expired.
(3) New Time to Object to a Claimed Exemption. When a case is
converted to Chapter 7, a new time begins under Rule 4003(b)
to object to a claimed exemption unless:
(A) more than 1 year has elapsed since the court issued
the first order confirming a plan under Chapter 11, 12, or
13; or
(B) the case was previously pending in Chapter 7 and
time has expired to object to a claimed exemption in the
original Chapter 7 case.
(c) PROOF OF CLAIM FILED BEFORE CONVERSION. A proof of claim
filed by a creditor before conversion is considered filed in the
Chapter 7 case.
(d) TURNING OVER DOCUMENTS AND PROPERTY. Unless the court
orders otherwise, after a trustee in the Chapter 7 case qualifies or
assumes duties, the debtor in possession—or the previously acting

trustee—must promptly turn over to the Chapter 7 trustee all doc-
uments and property of the estate that are in its possession or
control.
(e) FINAL REPORT AND ACCOUNT; SCHEDULE OF UNPAID POST-
PETITIONDEBTS.
(1) In a Chapter 11 or Chapter 12 Case. Unless the court orders
otherwise, when a Chapter 11 or 12 case is converted to Chap-
ter 7, the debtor in possession or, if the debtor is not a debtor
in possession, the trustee serving at the time of conversion
must:
(A) within 14 days after conversion, file a schedule of un-
paid debts incurred after the petition was filed but before
conversion and include the name and address of each claim
holder; and
(B) within 30 days after conversion, file and send to the
United States trustee a final report and account.
(2) In a Chapter 13 Case. Unless the court orders otherwise,
when a Chapter 13 case is converted to Chapter 7:
(A) within 14 days after conversion, the debtor must file
a schedule of unpaid debts incurred after the petition was
filed but before conversion and include the name and ad-
dress of each claim holder; and
(B) within 30 days after conversion, the trustee must file
and send to the United States trustee a final report and ac-
count.
(3) Converting a Case to Chapter 7 After a Plan Has Been Con-
firmed. Unless the court orders otherwise, if a case under Chap-
ter 11, 12, or 13 is converted to a case under Chapter 7 after a
plan is confirmed, the debtor must file:
(A) a schedule of property that was acquired after the pe-
tition was filed but before conversion and was not listed in
the final report and account, except when a Chapter 13
case is converted to Chapter 7 and §348(f)(2) does not apply;
(B) a schedule of unpaid debts that were incurred after
confirmation but before conversion and were not listed in
the final report and account; and
(C) a schedule of executory contracts and unexpired
leases that were entered into or assumed after the petition
was filed but before conversion.
(4) Copy to the United States Trustee. The clerk must promptly
send to the United States trustee a copy of any schedule filed
under this Rule 1019(e).
(f) PRECONVERSION ADMINISTRATIVE EXPENSES; POSTPETITION
CLAIMS.
(1) Request to Pay an Administrative Expense; Time to File. A
request to pay an administrative expense incurred before con-
version is timely filed under §503(a) if it is filed before conver-
sion or within a time set by the court. Such a request by a
governmental unit is timely if it is filed:
(A) before conversion; or
(B) within 180 days after conversion or within a time set
by the court, whichever is later.
(2) Proof of Claim Against the Debtor or the Estate. A proof of
claim under §348(d) against either the debtor or the estate
may be filed as specified in Rules 3001(a)–(d) and 3002.

(3) Giving Notice of Certain Time Limits. After the filing of a
schedule of debts incurred after the case was commenced but
before conversion, the clerk, or the court’s designee, must no-
tify the entities listed on the schedule of:
(A) the time to request payment of an administrative ex-
pense; and
(B) the time to file a proof of claim under §348(d), unless
a notice of insufficient assets to pay a dividend has been
mailed under Rule 2002(e).

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 2, 2024, eff. Dec. 1, 2024.)