Non-Debtor's Motion: Dismiss or Convert Chapter 13 Case to a Chapter 7 Case

This legal template pertains to a "Non-Debtor's Motion" related to a bankruptcy case under the jurisdiction of the United States of America law. Specifically, it focuses on the option of dismissing or converting a Chapter 13 case to a Chapter 7 case.

In bankruptcy proceedings, Chapter 13 and Chapter 7 are distinct chapters of the law that provide different options for individuals or businesses facing financial difficulties. Chapter 13 allows for the restructuring of debts, enabling debtors to propose a repayment plan spanning three to five years. On the other hand, Chapter 7 involves the liquidation of assets to satisfy debts, providing a fresh start for the debtor.

However, in certain circumstances, a non-debtor party (i.e., an individual or entity with an interest in the bankruptcy case but not the direct debtor) may seek the dismissal or conversion of a Chapter 13 case to a Chapter 7 case. The reasons for such a motion can vary, but typically involve concerns about the debtor's ability to fulfill the repayment plan or indications that liquidation would be more appropriate.

This legal template, therefore, outlines the necessary procedures, arguments, and supporting evidence required to substantiate a non-debtor's motion to dismiss or convert a Chapter 13 case to a Chapter 7 case. It may include sections addressing the legal basis for the motion, details of the debtor's financial situation, proposed remedies, and potential implications for the non-debtor.

Overall, the template provides a structured framework for legal professionals to draft a motion effectively articulating the non-debtor's position and seeking a favorable outcome regarding the dismissal or conversion of a Chapter 13 bankruptcy case to a Chapter 7 bankruptcy case under the laws of the United States of America.