In re Tufano
Apr
19
2011
Ruling
Conversion to chapter 13 granted over trustee's objection where debtors' misstatements and omissions were due to erroneous advice of former counsel.
Procedural posture
Bankruptcy debtors moved to convert their Chapter 7 bankruptcy case to a case under Chapter 13 pursuant to 11 U.S.C.S. § 706(a), the bankruptcy trustee objected to conversion on the grounds that the debtors were untruthful and could not propose a confirmable Chapter 13 plan.
ABI Membership is required to access the full summary of In re Tufano Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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.
ABI Membership is required to access the full summary of In re Ortega Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Nelson
Sep
21
2009
Ruling
Chapter 7 case converted to chapter 13 and reconverted to chapter 7 could not be reconverted to chapter 13.
Procedural posture
Debtor's chapter 7 case was converted to chapter 13, but the case was reconverted to chapter 7 without objection upon the debtors' failure to make payments required under their confirmed chapter 13 plan. The debtors moved to reconvert their case to chapter 13 pursuant to 11 U.S.C.S. § 706(a).
ABI Membership is required to access the full summary of In re Nelson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Glenn
Aug
03
2009
Ruling
Conversion to chapter 13 denied because the debtor failed to show ability to fund a plan.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code on February 11, 2009, and on April 3, 2009, she filed a motion under 11 U.S.C.S. § 706(a), seeking an order converting her case to one under chapter 13 of the Bankruptcy Code. A trustee who was appointed to administer the debtor's bankruptcy estate filed an objection to the debtor's motion.
ABI Membership is required to access the full summary of In re Glenn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Buccolo
Nov
25
2008
Ruling
Reconversion from chapter 7 to chapter 13 denied as proposed plan was not filed in good faith and was not feasible.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and subsequently obtained permission to convert her case to one under chapter 7. The debtor filed a motion under 11 U.S.C.S. § 706(a), seeking permission to reconvert her chapter 7 case to a chapter 13 case. The chapter 7 trustee and a creditor objected to the debtor's motion, questioning the debtor's good faith and the feasibility of her chapter 13 plan.
ABI Membership is required to access the full summary of In re Buccolo Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Shankman
Feb
27
2008
Ruling
Debtor who filed chapter 13 case while original chapter 7 case was pending allowed to convert chapter 7 case to chapter 13 after dismissal of chapter 13 case.
Procedural posture
The debtor, who already had a chapter 7 case pending, filed a chapter 13 petition. The chapter 7 trustee and the primary secured creditor moved for the dismissal of the newly filed chapter 13 case. The debtor requested that the motions to dismiss be denied, and alternatively moved to convert his pending chapter 7 case to one under chapter 13 pursuant to 11 U.S.C.S. § 706(a).
ABI Membership is required to access the full summary of In re Shankman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Irmen
Feb
01
2008
Ruling
Motion to convert denied as filed in bad faith.
Procedural posture
Debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code, and six months later, he filed a motion to convert his case to one under chapter 11, pursuant to 11 U.S.C.S. § 706(a). Two creditors and the chapter 7 trustee filed objections to the debtor's motion.
ABI Membership is required to access the full summary of In re Irmen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Muth
Nov
08
2007
Ruling
Debtor who converted case to chapter 7 could not reconvert to chapter 13.
Procedural posture
Chapter 7 debtors filed a motion pursuant to 11 U.S.C. § 706(a) to reconvert their case to chapter 13.
ABI Membership is required to access the full summary of In re Muth Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Johnson
Oct
29
2007
Ruling
Chapter 7 debtor's motion to reconvert to chapter 13 denied as late notice of deadline for objection was prejudicial to creditors.
Procedural posture
Debtors originally filed a voluntary petition under chapter 13 and later converted their case to chapter 7 in response to the chapter 13 trustee's motion to dismiss for failing to make timely payments. Debtors sought to reconvert their chapter 7 case to a chapter 13 case under 11 U.S.C. § 706(a).
ABI Membership is required to access the full summary of In re Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Murray
Oct
24
2007
Ruling
Discovery of extraordinary value of unique license plate was not grounds to reconsider conversion of case to chapter 7.
Procedural posture
After the debtor voluntarily converted his case to a case under chapter 13, the chapter 7 trustee subsequently learned of a valuable Delaware motor vehicle license plate with an estimated value between $200,000 and $250,000. The debtor failed to schedule his ownership of the license plate. The chapter 7 trustee moved to reconsider the order converting the debtor's case.
ABI Membership is required to access the full summary of In re Murray Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: