Legal Motion to Convert

Legal Motion to Convert

IN THE FOR THE .

Case No.: Chapter: Judge:

Movant: — Plaintiff/Movant in this action.

Debtor/Respondent: .

RECITALS

WHEREAS, Debtor filed a voluntary petition under Chapter of the Bankruptcy Code on ; and

WHEREAS, Movant is an interested party entitled to seek relief from this Court, as set forth in the Bankruptcy Code and rules, and has standing to file this Motion to Convert; and

WHEREAS, cause exists to convert the case to another chapter for the reasons set forth below, including but not limited to lack of feasible reorganization, failure to propose confirmable plan, or other material debtor defaults.

NOW, THEREFORE

Movant hereby moves the Court, under 11 U.S.C. § 1112 and other applicable provisions, for an order converting this case as set forth herein.

1. JURISDICTION AND VENUE

1.1 This Court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157 and 1334. Venue is proper in this district under 28 U.S.C. §§ 1408 and 1409. This matter is a core proceeding arising under title 11.

2. BACKGROUND

2.1 Debtor commenced this case by filing a voluntary petition on the date set forth above. Since filing, Debtor has engaged in the following material actions or omissions:

2.2 Relevant events demonstrating cause for conversion include, without limitation, the following:

3. RELIEF REQUESTED

Movant respectfully requests the Court enter an order:

1. Converting this bankruptcy case to:
   Convert to Chapter 7 (liquidation) Convert to Chapter 13 (individual debt adjustment) Convert to other chapter (specify below)
2. Grant such other and further relief as the Court deems just and proper under the circumstances.

4. BASIS FOR RELIEF

4.1 The statutory standard for conversion under 11 U.S.C. § 1112(b) permits conversion for cause, including debtor mismanagement, substantial or continuing loss to or diminution of the estate and absence of a reasonable likelihood of rehabilitation, failure to consummate a confirmed plan, or gross mismanagement. Movant submits that the following legal and factual predicates support conversion:

4.2 Specific legal grounds relied upon:

5. ARGUMENT

5.1 Movant incorporates the facts set forth above and asserts that the balance of equities favors conversion. Conversion will protect creditor interests, preserve estate assets for equitable distribution, and prevent further dissipation of estate property.

5.2 In support of the Motion, Movant will rely on the declarations and exhibits attached hereto and filed concurrently or subsequently with this Motion. Describe attached evidentiary materials here:

6. NOTICE

Movant has provided or will provide notice of this Motion to the United States Trustee, counsel for the Debtor, the Debtor (if unrepresented), and all creditors and parties in interest entitled to notice under the Bankruptcy Rules. Certificate of service is provided below.

7. RESERVATION OF RIGHTS

Movant reserves the right to supplement this Motion, present additional evidence at hearing, and request interim relief as appropriate. Movant does not waive any rights to pursue other remedies provided by statute or equity.

PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that the Court enter an order (i) converting this case to the chapter selected above; (ii) awarding reasonable costs and attorneys' fees to Movant where allowed by law; and (iii) granting such other and further relief as the Court deems just and proper.

GOVERNING LAW

This Motion shall be governed by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and applicable federal law. To the extent state law is implicated, the substantive laws of the forum district shall apply.

ENTIRE AGREEMENT

This Motion, together with any attachments and declarations filed in support, constitutes the entire request for the relief sought herein and supersedes any oral representations or prior writings concerning the subject matter of this Motion.

SEVERABILITY

If any provision of this Motion is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect.

MISCELLANEOUS PROVISIONS

Amendments: This Motion may be amended or supplemented by Movant upon reasonable notice to parties in interest. Waiver: No waiver of any provision hereof shall be effective unless in writing and signed by the party waiving compliance.

CONTACT FOR NOTICES

DECLARATION

The undersigned declares under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of the declarant's knowledge, information and belief.

Sign Now