(a) Filing of Additional Lists, Schedules, Statements. In accord with FRBP 1019, the previously filed petition, lists, schedules, statements and claims actually filed shall be deemed filed in the converted case. Only the lists, schedules and any other statements necessary to complete the filing requirements in the newly converted case shall be submitted for filing.
(b) Number of Lists, Schedules, Statements. Unless otherwise ordered by the court, any lists, schedules or statements due upon entry of an order or notice of conversion, including the schedule of unpaid debts incurred after commencement of the superseded case, shall be filed in the numbers required by Local Bankruptcy Rule 1007-1.
(c) Timeliness of Filing Schedule of Unpaid Debts. When the schedule of unpaid debts is filed in a case converted to chapter 7 within the period prescribed by FRBP 1019(5), the clerk shall notice the creditors listed on the schedule regarding the filing of postpetition claims pursuant to FRBP 1019(6). When the schedule is untimely filed, the filer shall provide the foregoing notice, and promptly file proof of service thereof with the clerk.
(d) Supplemental Matrix. Any lists, schedules or statements filed as a result of a conversion which include creditors not previously listed within the case matrix, shall be accompanied by a supplemental certified matrix prepared as directed by Local Bankruptcy Rule 1007-2, listing, without duplication, only those additional creditors.
(e) Small Business Election Upon Conversion to Chapter 11. Immediately upon the conversion of a chapter 7, chapter 12 or chapter 13 case to chapter 11, the debtor must apprise the court in writing of its eligibility for treatment as a "Small Business," and whether it elects treatment as such. Failure of the debtor to supply this information shall result in the presumption that the debtor is not a Small Business.
(f) Debtor's Affidavit Upon Conversion to Chapter 11. In addition to the contents specified in Local Bankruptcy Rule 2015-2, the debtor's affidavit shall set forth:
(1) if the case was originally commenced under chapter 7, 12 or 13, the name and address of any trustee appointed in such chapter 7, 12 or 13 case and the names and addresses of the members of any creditors' committee elected in the chapter 7 case; and
(2) the names and addresses of the members of any
committee and any attorney for such committee, organized prior to the order
for relief in a chapter 11 case, and a brief description of the circumstances
surrounding the formation of any committee, including the date of formation.
Comment
As provided in FRBP 1007(c), a previously filed petition, list, schedule and statement in a case is deemed filed in a superseding case. Conversely, FRBP 1019 addresses the effect of previously filed lists, schedules and statements in prior chapter 11, 12 and 13 cases when they are converted to chapter 7.
Subsection (a) of this rule mimics these provisions as to all other conversions. This rule makes clear that upon conversion, only the additional lists, schedules and statements required by the new chapter are to be filed.
This rule should
be read in conjunction with Local Bankruptcy Rules 1007-1, 1007-2 and 2015-2.