(1)

Non-Converted Case Dismissal. If the case has not been converted from another chapter, the debtor may seek dismissal of the case by filing a request to dismiss. If the case has been converted from another chapter, dismissal must be sought by motion. For all such requests or motions, notice shall be given to all creditors and the chapter 13 trustee. In addition, the request or motion shall disclose by a statement under penalty of perjury whether the debtor or the debtor’s spouse has had any other bankruptcy cases pending within the previous 6 years, whether the present case has been converted from another chapter of the Bankruptcy Code, and whether any motion for relief from, annulment of, or conditioning of the automatic stay has been filed against the debtor in the present case. The motion shall comply with Local Bankruptcy Rule 9013-1(b).

(2)

Debtor Conversion of Chapter 13 to Chapter 7. Pursuant to F.R.B.P. 1017, the conversion of a chapter 13 case to a case under chapter 7 shall be effective upon:

(A)

The filing by the debtor with the clerk of the bankruptcy court of both a notice of conversion pursuant to 11 U.S.C. § 1307(a) and a proof of service evidencing that the notice of conversion was served upon the chapter 13 trustee, the United States trustee, and all creditors; and

(B)

Payment of any fee required by 28 U.S.C. § 1930(b).

Any distributions of estate funds made by the chapter 13 trustee in the ordinary course of business for the benefit of the debtor’s estate prior to receipt of notice of dismissal or conversion shall not be surcharged to the chapter 13 trustee.

(3)

Debtor Conversion of Chapter 13 to Chapter 11. A motion by the debtor to convert a chapter 13 case to a case under chapter 11 shall be noticed for hearing.

(4)

Interested Party Conversion of Chapter 13 to Chapter 7, 11, or 12. A motion by any other party in interest to convert a chapter 13 case to a case under chapter 7, 11, or 12 shall be noticed for hearing by the moving party. This notice shall be given to the debtor, debtor’s attorney, all creditors, the chapter 13 trustee, and the United States trustee.

(5)

Service of Order. When an order is required, the moving party shall transmit an original and one copy of the proposed order of dismissal or conversion to the court for entry and service on the chapter 13 trustee. Additional copies of the order plus notice of entry for all contesting parties must accompany the proposed order if notice of entry is required by F.R.B.P. 9022.