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§ 1208(d)

Packer, In re

Ruling
Motion to convert denied as bank did not satisfy its burden to prove fraud as required for theconversion of the debtors' case. (Bankr. N.D. Ill.)
Issue(s)
Conversion or Dismissal; Dismissal or Conversion for Fraud.

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Consumer opinion summary, case decided on June 19, 2018 , LexisNexis #0818-078

In re Loganbill

Ruling
Case converted to chapter 7 due to debtors’ fraud and nondisclosure. (Bankr. W.D. Mo.)
Issue(s)
Should chapter 12 case be dismissed or converted to chapter 7?

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Court :
Consumer opinion summary, case decided on August 01, 2016 , LexisNexis #0816-114

Gugino v. Clarks Crystal Springs Ranch LLC (In re Clark)

Ruling
Order issued consolidating assets owned by LLC and family trust with the debtor's assets.
Issue(s)
Should assets of debtor be consolidated with those of an LLC and family trust where debtor engaged in financial transactions entangling the LLC and trust with his own affairs?

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Consumer opinion summary, case decided on December 30, 2014 , LexisNexis #0115-095

In re Nichols

Ruling
Involuntary conversion from chapter 12 to chapter 7 denied as debtor's transfer to LLC appeared to be a legitimate estate planning move.
Procedural posture

After a debtor filed an individual, bare bones voluntary petition for Chapter 12 relief, a creditor who was a successor in interest to a bank sought conversion of the debtor's Chapter 12 case to one under Chapter 7 pursuant to 11 U.S.C.S. § 1208(d).

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Consumer opinion summary, case decided on August 31, 2010 , LexisNexis #1010-060

Williamson v. Office of the United States Trustee

Ruling
Conversion from chapter 12 to chapter 7 affirmed.
Procedural posture

Debtor challenged the bankruptcy court for the Southern District of Georgia's decision to grant appellee United States Trustee's 11 U.S.C.S. § 1208(d) motion to convert his chapter 12 case to chapter 7, and its contemporaneous denial of the debtor's 11 U.S.C.S. § 1208(b) motion to dismiss the case.

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Consumer opinion summary, case decided on March 04, 2009 , LexisNexis #0409-089