In re Baker
Dec
10
2013
Ruling
Chapter 7 case converted to chapter 11 in best interests of all parties.
Issue(s)
Should case be converted from chapter 7 to chapter 11 where conversion would benefit creditors by maximizing the estate and enabling the creditors to receive a greater distribution than they would receive in a chapter 7 case?
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Court
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In re Miller
Jul
24
2013
Ruling
Eligible involuntary debtor could convert case to chapter 11.
Issue(s)
Whether a debtor who was the subject of an involuntary petition filed under chapter 7 of the Bankruptcy Code was eligible under 11 U.S.C.S. § 706(d) to convert his case to one under chapter 11.
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Court
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Schlehuber v. Fremont Natl Bank (In re Schlehuber)
Apr
09
2013
Ruling
Conversion to chapter 11 based on individual debtor's ability to fund plan affirmed.
Procedural posture
Appellant chapter 11 debtor challenged a decision of the United States Bankruptcy Court for the District of Nebraska, which converted his chapter 7 bankruptcy case to a case under chapter 11 pursuant to 11 U.S.C.S. § 706(b).
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Court
:
Judge or Jurisdiction information not available
In re Jennings
Mar
19
2013
Ruling
Conversion to chapter 13 denied as attempt to prevent recovery of assets and block adversary proceeding.
Procedural posture
The chapter 7 debtors filed a motion to convert their case to chapter 13 pursuant to 11 U.S.C.S. § 706(a). A chapter 7 trustee objected on the grounds that the conversion would be a bad faith effort to further the concealment of the assets and the false oaths made by the debtors.
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Court
:
- 11 U.S.C.
In re Yarborough
Sep
24
2012
Ruling
Conversion denied due to bad faith where debtor's sole motivation was possible discharge of creditor's claim in chapter 7.
Procedural posture
After plaintiff sued debtor, his ex-wife, per 11 U.S.C.S. § 523 for a judgment that an obligation debtor owed him on account of overpaid child support was nondischargeable, debtor moved per 11 U.S.C.S. § 706 to convert her chapter 7 case to a chapter 13 case. Plaintiff objected to conversion on a claim of bad faith on debtor's part. Issues included whether conversion was proper per 11 U.S.C.S. § 1307.
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Court
:
- 11 U.S.C.
In re Potter
Sep
05
2012
Ruling
Conversion to chapter 13 denied due to bad faith in failing to disclose, mediating and settling pending litigation.
Procedural posture
The debtors filed a motion to convert their case from chapter 7 to chapter 13 pursuant to 11 U.S.C.S. § 706. A chapter 7 trustee objected to the motion.
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Court
:
In re Basil St. Partners LLC
Jun
28
2012
Ruling
Case converted to chapter 11 absent bad faith.
Procedural posture
Four petitioning creditors filed an involuntary bankruptcy petition under chapter 7. One secured creditor was involved in a prepetition state court action to foreclose a contested mortgage lien encumbering the alleged debtor's real property, a development project that was operated by a receiver. The debtor filed a motion to convert its case to chapter 11, pursuant to 11 U.S.C.S. § 706(a).
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Court
:
Levesque v. Shapiro (In re Levesque)
Jun
25
2012
Ruling
Bankruptcy court did not abuse discretion in denying debtors' motion to convert to chapter 11 due to untruths.
Procedural posture
Appellant chapter 7 debtors sought review of a judgment from the United States Bankruptcy Court for the District of Nevada, which granted their motion to reopen their case but denied their motion to convert to chapter 11. On appeal, the debtors argued that appellee chapter 7 trustee had no standing to be heard with respect to the motions because he had filed his final report and been discharged.
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Court
:
Judge or Jurisdiction information not available
In re Nordin
May
09
2012
Ruling
Conversion to chapter 13 denied on reconsideration due to new evidence of bad faith.
Procedural posture
Chapter 7 trustee and a creditor filed a joint motion to reconsider and vacate a court order granting the debtor's motion to convert from chapter 7 to chapter 13 pursuant to 11 U.S.C.S. § 706(a).
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Court
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In re Gordon
Jan
23
2012
Ruling
Conversion of individual chapter 11 case to chapter 7 in best interests of creditors and estate did not violate the Thirteenth Amendment of Anti-Peonage Act.
Procedural posture
Movant judgment creditor filed a motion pursuant to 11 U.S.C.S. § 706(b) to convert debtor's chapter 7 case to a case under chapter 11.
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Court
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