RULE 1304. NOTICE OF MOTION TO CONVERT ONE JOINT DEBTOR TO CHAPTER 7

When only one of two named joint debtors in a Chapter 13 case seeks to convert that a case to one under another chapter of the Bankruptcy Code, in addition to other required notices, the movant will give notice to the other joint debtor.

Committee Note: Where an attorney represents married debtors and one seeks to convert a Chapter 13 case to a case under another chapter and the other debtor does not seek such a change, the attorney will often attempt to continue to represent both debtors. While such differing approaches by the debtors do not necessarily create a conflict of interest, this rule is necessary to ensure that the non-moving party receives formal notice of the spouse's change in the case. Bankruptcy and marriage dissolution often come at the same time.