In re Ortega
Aug
17
2010
Ruling
Conversion to chapter 13 to avoid litigation on creditor's complaint granted in absence of bad faith.
Procedural posture
The chapter 7 debtors filed a motion to convert from chapter 7 to chapter 13 pursuant to 11 U.S.C.S. § 706(a), an unsecured creditor objected based upon the good faith standard of established by the U.S. Supreme Court. The creditor had filed an adversary complaint against one debtor alleging the nondischargeability of liability under 11 U.S.C.S. § 523(a)(6) based on willful and malicious conduct of that debtor.
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Court
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