Rule 1019. Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter 7
(a) Filing Various Documents; Filing a Statement of Intention.
(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, inventories, schedules, and statements of financial affairs previously 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 involuntary 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 required, must be filed within 30 days after the conversion order is entered or before the first date set for the meeting of creditors, 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 extension 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 Determine Dischargeability.
(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 begins 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 documents and property of the estate that are in its possession or control.
(e) Final Report and Account; Schedule of Unpaid Postpetition Debts.
(1)In a Chapter 11 or Chapter 12 Case. Unless the court orders otherwise, when a Chapter 11 or 12 case is converted to Chapter 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 unpaid 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 address 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 account.
(3)Converting a Case to Chapter 7 After a Plan Has Been Confirmed. Unless the court orders otherwise, if a case under Chapter 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 petition 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 conversion is timely filed under § 503(a) if it is filed before conversion 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 notify the entities listed on the schedule of:
(A) the time to request payment of an administrative expense; 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).
(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.)