Non-Debtor's Motion: Dismiss or Convert Chapter 7 Case to a Chapter 11 or 13 Case

This legal template refers to a motion filed by a non-debtor party in the context of a bankruptcy proceeding under the United States law. In this case, a non-debtor, which could be a creditor, an interested party, or any other entity affected by the bankruptcy case, is requesting the court to dismiss or convert a Chapter 7 case to either a Chapter 11 or Chapter 13 case.

Chapter 7 bankruptcy is a form of liquidation, typically chosen by individual debtors, where a trustee sells the debtor's non-exempt assets to repay creditors. On the other hand, Chapter 11 and Chapter 13 bankruptcies allow for reorganization and debt repayment plans, with Chapter 11 primarily designed for businesses and Chapter 13 for individuals.

The non-debtor filing this motion is asserting that the Chapter 7 bankruptcy case may not be the most appropriate or beneficial solution considering the circumstances. They may argue that conversion to Chapter 11 or Chapter 13 would be more suitable for the debtor's financial rehabilitation, overall creditors' interests, or to address any specific issues or complexities involved in the case.

This template would likely provide a standard structure and content for the non-debtor's motion, including a clear and concise explanation of the reasons and justifications for seeking dismissal or conversion to an alternative bankruptcy chapter. Additionally, it may reference relevant applicable laws, legal precedents, or any procedural requirements that must be met to ensure the court's consideration of the motion.

It is worth noting that this template would serve as a starting point for legal professionals, containing general language and provisions that will require customization to fit the specific facts and circumstances of each case.