Motion to convert time?

[cz3ch]

I was curious as to how a motion to convert is carried out. I originally filed a Chapter 7 on 9/30/12 and then filed a motion to convert on 10/24/12. My lawyer says typically the judge will sign the motion/order within 21 days but it's almost 30 days later. Is there a typical timeframe where a judge will be required to sign the order or is it up to his/her discretion?

Just curious.

[justbroke]

Well, did your attorney also send in a Proposed Order as well? Typically, judges have chambers time (usually a whole day) which is reserved for dealing with pending orders and other things. This off-bench time would probably be when the judge signed. However, was there a response from the Trustee?

[cz3ch]

Well, did your attorney also send in a Proposed Order as well? Typically, judges have chambers time (usually a whole day) which is reserved for dealing with pending orders and other things. This off-bench time would probably be when the judge signed. However, was there a response from the Trustee?

Yes the attorney sent in a proposed order. The trustee has not indicated objection in fact has not posted anything at all. Thanks for the feedback, JB.

[justbroke]

Yes the attorney sent in a proposed order. The trustee has not indicated objection in fact has not posted anything at all. Thanks for the feedback, JB.

Unless your Judge allows "negative noticing" then the Judge may be waiting for the Trustee to either Consent to the Motion or object? I don't know. You could ask your attorney what the delay could be. Perhaps it requires a hearing?

[cz3ch]

Unless your Judge allows "negative noticing" then the Judge may be waiting for the Trustee to either Consent to the Motion or object? I don't know. You could ask your attorney what the delay could be. Perhaps it requires a hearing?

Ok thanks, I'll confer with my attorney if it goes any further. She said she expects the case to convert the last week of November due to the holiday approaching. I guess I'll just sit and wait on the order to be signed.

[justbroke]

Remember, a judge typically signs an order if one of several things happen. The judge could be waiting on a response from the Trustee, a period of time to elapse (negative noticing or a "standard" period for the type of request), the creditors to respond (?? days), a hearing being set and heard, or something else. You are represented, so you should not be worrying so much.

[cz3ch]

Remember, a judge typically signs an order if one of several things happen. The judge could be waiting on a response from the Trustee, a period of time to elapse (negative noticing or a "standard" period for the type of request), the creditors to respond (?? days), a hearing being set and heard, or something else. You are represented, so you should not be worrying so much.

You're right, I just have to let things happen. My attorney said the creditors had until today to object, so barring that and any feedback from the trustee I'm hoping it will convert soon. I think my worry stems from all of the corrections that need to be made and the complex issues in my case. I've worried myself sick and am dreading possibly having to go to a chapter 7 creditor's meeting. But it is what it is and all I can do is keep looking forward.