Neely v. Smith (In re Neely)
Nov
22
2005
Ruling
Order denying conversion was revoked, and case was remanded for consideration of whether debtor bad faith existed since strong presumption in favor of conversion exists.
Procedural posture
The debtor appealed two interlocutory orders of the bankruptcy court. The first order denied his 11 U.S.C. § 706(a) motion to convert from a Chapter 7 to a Chapter 13 bankruptcy. The second order withdrew the first order, granted the motion to convert, and then immediately reconverted the debtor's case to a Chapter 7 case.
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Court
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