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Fed. R. Bankr. P. 1019

Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter 7

activein force · 2024-12-01 – presentact-effective-date

(a) FILING VARIOUS DOCUMENTS; FILING A STATEMENT OF INTENTION.

(1) Lists, Inventories, Schedules, Statements of Financial Affairs.

Unless the court orders otherwise, when a Chapter 11, 12, or 13

case is converted or reconverted to Chapter 7, the lists, inventories, schedules, and statements of financial affairs previously filed are considered filed in the Chapter 7 case. If they

have not been previously filed, the debtor must comply with

Rule 1007 as if an order for relief had been entered on an involuntary petition on the same date as the order directing that

the case continue under Chapter 7.

(2) Statement of Intention. A statement of intention, if required, must be filed within 30 days after the conversion order

is entered or before the first date set for the meeting of creditors, whichever is earlier. The court may, for cause, extend

the time to file only on motion filed—or on oral request made

during a hearing—before the time has expired. Notice of an extension must be given to the United States trustee and to any

committee, trustee, or other party as the court orders.

(b) NEW TIME TO FILE A § 707(b) OR (c) MOTION, A PROOF OF CLAIM,

A COMPLAINT OBJECTING TO DISCHARGE, OR A COMPLAINT TO DETERMINE DISCHARGEABILITY.

(1) When a New Time Begins. When a case is converted to

Chapter 7, a new time begins under Rule 1017, 3002, 4004, or 4007

to file:

(A) a motion under § 707(b) or (c);

(B) a proof of claim;

(C) a complaint objecting to discharge; or

(D) a complaint to determine whether a specific debt

may be discharged.

(2) When a New Time Does Not Begin. No new time to file begins when a case is reconverted to Chapter 7 after a previous

conversion to Chapter 11, 12, or 13 if the time to file in the

original Chapter 7 case has expired.

(3) New Time to Object to a Claimed Exemption. When a case is

converted to Chapter 7, a new time begins under Rule 4003(b)

to object to a claimed exemption unless:

(A) more than 1 year has elapsed since the court issued

the first order confirming a plan under Chapter 11, 12, or

13; or

(B) the case was previously pending in Chapter 7 and

time has expired to object to a claimed exemption in the

original Chapter 7 case.

(c) PROOF OF CLAIM FILED BEFORE CONVERSION. A proof of claim

filed by a creditor before conversion is considered filed in the

Chapter 7 case.

(d) T URNING OVER DOCUMENTS AND PROPERTY. Unless the court

orders otherwise, after a trustee in the Chapter 7 case qualifies or

assumes duties, the debtor in possession—or the previously acting

15 Rule 1019 FEDERAL RULES OF BANKRUPTCY PROCEDURE

trustee—must promptly turn over to the Chapter 7 trustee all documents and property of the estate that are in its possession or

control.

(e) F INAL REPORT AND ACCOUNT; S CHEDULE OF UNPAID POST-PETITION DEBTS.

(1) In a Chapter 11 or Chapter 12 Case. Unless the court orders

otherwise, when a Chapter 11 or 12 case is converted to Chapter 7, the debtor in possession or, if the debtor is not a debtor

in possession, the trustee serving at the time of conversion

must:

(A) within 14 days after conversion, file a schedule of unpaid debts incurred after the petition was filed but before

conversion and include the name and address of each claim

holder; and

(B) within 30 days after conversion, file and send to the

United States trustee a final report and account.

(2) In a Chapter 13 Case. Unless the court orders otherwise,

when a Chapter 13 case is converted to Chapter 7:

(A) within 14 days after conversion, the debtor must file

a schedule of unpaid debts incurred after the petition was

filed but before conversion and include the name and address of each claim holder; and

(B) within 30 days after conversion, the trustee must file

and send to the United States trustee a final report and account.

(3) Converting a Case to Chapter 7 After a Plan Has Been Confirmed. Unless the court orders otherwise, if a case under Chapter 11, 12, or 13 is converted to a case under Chapter 7 after a

plan is confirmed, the debtor must file:

(A) a schedule of property that was acquired after the petition was filed but before conversion and was not listed in

the final report and account, except when a Chapter 13

case is converted to Chapter 7 and § 348(f)(2) does not apply;

(B) a schedule of unpaid debts that were incurred after

confirmation but before conversion and were not listed in

the final report and account; and

(C) a schedule of executory contracts and unexpired

leases that were entered into or assumed after the petition

was filed but before conversion.

(4) Copy to the United States Trustee. The clerk must promptly

send to the United States trustee a copy of any schedule filed

under this Rule 1019(e).

(f) P RECONVERSION ADMINISTRATIVE EXPENSES; P OSTPETITION

CLAIMS.

(1) Request to Pay an Administrative Expense; Time to File. A

request to pay an administrative expense incurred before conversion is timely filed under § 503(a) if it is filed before conversion or within a time set by the court. Such a request by a

governmental unit is timely if it is filed:

(A) before conversion; or

(B) within 180 days after conversion or within a time set

by the court, whichever is later.

(2) Proof of Claim Against the Debtor or the Estate. A proof of

claim under § 348(d) against either the debtor or the estate

may be filed as specified in Rules 3001(a)–(d) and 3002.

16 Rule 1020 FEDERAL RULES OF BANKRUPTCY PROCEDURE

(3) Giving Notice of Certain Time Limits. After the filing of a

schedule of debts incurred after the case was commenced but

before conversion, the clerk, or the court’s designee, must notify the entities listed on the schedule of:

(A) the time to request payment of an administrative expense; and

(B) the time to file a proof of claim under § 348(d), unless

a notice of insufficient assets to pay a dividend has been

mailed under Rule 2002(e).

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug.

1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 11, 1997, eff. Dec. 1, 1997;

Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2008, eff. Dec. 1, 2008; Mar.

26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 2, 2024,

eff. Dec. 1, 2024.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
0dba3ad7ab36e33cb22366fd7724017abb1758a6e08348689a0ae652932358d5
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