UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
IN RE: CASE NO:
CHAPTER 13
JUDGE
Debtor(s).
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ORDER UPON VOLUNTARY CONVERSION OF CASE UNDER
CHAPTER 13 TO CASE UNDER CHAPTER 7 BY DEBTOR
Debtor(s) has requested conversion of this case to a case under Chapter 7 of the Bankruptcy Code in accordance with 11 U.S.C. §1307(a).
IT IS HEREBY ORDERED THAT:
1. This case is converted to a case under Chapter 7 of Title 11, United States Code.
2. The Chapter 13 Trustee, not later than 90 days after entry of this Order, shall file an accounting of all receipts and distributions made, together with a schedule of all unpaid debts incurred after the commencement of the Chapter 13 case, as required by Bankruptcy Rule 1019(5).
3. The Chapter 13 Trustee forthwith shall make available to the Chapter 7 Trustee, and shall turn over to such Chapter 7 Trustee upon request, all records and property of the estate remaining in the Chapter 13 Trustee's custody and control, as required by Bankruptcy Rule 1019(4).
4. Within 14 days of the date of this Order, the Debtor shall file:
a. A schedule of unpaid debts which were incurred after the filing of the Petition and before entry of this Order, including the name and address of each holder of a claim pursuant to Bankruptcy Rule 1019(5)(B)(i); and
b. The statements and schedules required by Bankruptcy Rules 1019(1)(A) and 1007(b), if such documents have not already been filed, pursuant to Bankruptcy Rule 1019(1)(A).
5. Within 30 days of the date of this Order, the Debtor shall file a statement of intention with respect to retention or surrender of property securing consumer debts, as required by 11 U.S.C. Section 521(a)(2)(A) and Bankruptcy Rule 1019 (1)(B) and conforming to Official Form 8.
6. Pursuant to Bankruptcy Rule 1019(5)(C), if the case is converted after confirmation of a Plan, within 30 days of the date of this Order the Debtor shall file:
a. A schedule of all property not listed in the Final Report and Account of the Chapter 13 Trustee which was acquired after the filing of the Petition but before the entry of this Order;
b. A schedule of executory contracts and unexpired leases entered into or assumed after the filing of the Petition but before the entry of this Order;
c. A schedule of unpaid debts not listed in the Final Report and Account of the Chapter 13 Trustee which were incurred after confirmation of the Plan but before the entry of this Order; and
d. A statement of intention with respect to retention or surrender of property securing consumer debts, as required by 11 U.S.C. Section 521(2)(A) and Bankruptcy Rule 1019 (1)(B) and conforming to official form 8A.
7. The Clerk of the Court shall forthwith, upon entry, serve copies of this Order upon the Debtor, counsel (if any), the U.S. Trustee and the Chapter 13 Standing Trustee.
8. In the event that the Chapter 13 Plan has not been confirmed, then the Trustee shall be allowed an administrative expense of $100.00 to be paid after payment of fees to the Clerk of the Court to defray the Trustee's cost and expense of administering the case to date.
9. The Debtor(s) attorney shall be awarded the total sum of $______as total compensation. The Trustee shall pay this sum, less any amount paid previously, after payment of Clerk's and Trustee's fees, to extent funds are available.
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UNITED STATES BANKRUPTCY JUDGE
APPROVED FOR ENTRY
Pursuant to Local Rules (E.D.M.) APPROVED AS TO FORM AND CONTENT:
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DAVID WM. RUSKIN (P26803) ATTORNEY FOR DEBTOR(S)
Chapter 13 Trustee
26555 Evergreen Road, Ste. 1100 ______
Southfield, MI 48076
(248) 352-7755 ______
Distribution: Original: Trustee; Copy: Debtor’s Counsel
Order Upon Voluntary Conversion, 13 to 7 Form 46, 05-04.doc ã David Wm. Ruskin 2010