Notice of Hearing

[ranlaws]

I just got a Noice of a Hearing for my motion to convert my case to a 7 my filing status is pro se. Should I go to this hearing or is it just another meeting for the judge and trustee.

[despritfreya]

It's your Motion. The Court has set a hearing on your Motion. You should go to the hearing.

Des.

[justbroke]

I don't know why there is a hearing on this. If you did it properly, you should have filed a Notice of Conversion (pursuant to 1307(a)). The only reason there could be a hearing required is if you are converting while a motion for relief from stay is pending or you converted before.

[ranlaws]

I have not converted before, and the only motion that I know of that of pending the the one I filled to remove the atterney that done the chapter 13

[justbroke]

I have not converted before, and the only motion that I know of that of pending the the one I filled to remove the atterney that done the chapter 13

While hindsight is 20/20 and you have already filed the Motion and have a hearing scheduled, I'm pretty sure that this "could" have been done by notice.

Actually I stand (partially) corrected. It's 11 USC 1307(a), but it's a Bankrutpcy Rule (Rule 1017)...

Rule 1017(f)(3) A chapter 12 or chapter 13 case shall be converted without court order when the debtor files a notice of conversion under §§ 1208(a) or 1307(a). The filing date of the notice becomes the date of the conversion order for the purposes of applying § 348(c) and Rule 1019. The clerk shall promptly transmit a copy of the notice to the United States trustee.