In re Bartelt
Sep
04
2007
Ruling
Conversion to chapter 13 granted where settlement proceeds received by debtors would allow for payment of 100 percent of allowed claims.
Procedural posture
Debtors filed a motion to convert their chapter 7 case to a case under chapter 13 pursuant to 11 U.S.C. § 706(a). The chapter 7 trustee filed an objection on the grounds that the debtors were seeking to convert the case post-discharge in bad faith.
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Court
:
In re Dye
Jul
31
2007
Ruling
Debtor required to show more than mere eligibility to convert to chapter 11.
Procedural posture
Debtor, whose bankruptcy proceeding was originally filed as a chapter 13 and had earlier consented to a conversion of the case to a chapter 7 proceeding, now asked the court to convert it to a chapter 11 proceeding.
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Court
:
In re Broad Creek Edgewater LP
Jul
18
2007
Ruling
Debtor condominium project owner denied conversion to chapter 11 as successful reorganization was unlikely.
Procedural posture
Chapter 7 debtor, a limited partnership, filed a motion to convert its case to one under chapter 11. The motion states that the case has not previously been converted from another chapter and that debtor is eligible for relief under chapter 11. Multiple parties filed responses objecting to the proposed conversion.
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Court
:
In re George Love Farming LC
Mar
23
2007
Ruling
Debtor's "atypical" behavior justified denial of motion to convert to chapter 11.
Procedural posture
Before the court was debtor's motion to convert to chapter 11. Debtor was one of five entities that were substantively consolidated in a separate chapter 11 case. Although the chapter 11 case was still pending, debtor commenced this chapter 7 case alone, and debtor sought to convert the case to chapter 11. The U.S. Trustee, the chapter 7 trustee, and two secured creditors objected.
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Court
:
Marrama v. Citizens Bank
Feb
21
2007
Ruling
Denial of debtor's motion to convert to chapter 13 was an appropriate response to debtor's fraudulent conduct.
Procedural posture
Petitioner bankruptcy debtor filed a voluntary petition under chapter 7 and made a number of statements about his principal asset, a house in Maine, that were misleading or inaccurate. The debtor filed a notice of conversion to chapter 13 which was denied. On appeal, the First Circuit rejected the debtor's argument that 11 U.S.C. § 706(a) gave him an absolute right to convert to chapter 13. Certiorari was granted.
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Court
: U.S. Supreme Court
Condon v. Brady (In re Condon)
Jan
12
2007
Ruling
Denial of motion to convert to chapter 13 vacated due to misapplication of good faith standard.
Procedural posture
Appellant debtor challenged the Bankruptcy Court for the Southern District of Ohio's denial of his motion to convert his chapter 7 case to chapter 13. The bankruptcy court found that his motion to convert was filed in bad faith. Appellees were representatives of a certified class of persons who sued debtor for tortious conduct in the District Court for the Southern District of Ohio.
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In re Starling
Jan
11
2007
Ruling
Chapter 7 discharge vacated and case converted to chapter 13 upon second, higher appraisal of debtor's home.
Procedural posture
Chapter 7 debtors filed a combined motion to convert their chapter 7 case to chapter 13 pursuant to 11 U.S.C. § 706(a) and vacate the discharge entered in the chapter 7 case. Trustee opposed the motion, and in the alternative moved that debtors' case be reconverted to chapter 7 should conversion from chapter 7 to chapter 13 be permitted.
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Court
:
In re Salem
Oct
10
2006
Ruling
Debtor could not convert chapter 7 case filed in one district court to a chapter 13 case filed in another district court.
Procedural posture
A chapter 13 debtor appealed after a Northern District of Illinois bankruptcy court denied his proposed chapter 13 plan and dismissed his bankruptcy case. The debtor sought further review after the District Court for the Northern District of Illinois affirmed the bankruptcy court's dismissal order and other interlocutory orders. The debtor raised error claims regarding the handling of his chapter 13 case.
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West v. Mutual Savings Credit Union (In re West)
Oct
02
2006
Ruling
Debtors had a right to convert from chapter 7 to chapter 13 despite allegations of irregularities in schedules and statement of financial affairs.
Procedural posture
Movant-debtors moved to convert their chapter 7 case to a case under chapter 13. Mutual Savings Credit Union, Respondent-creditor filed an objection, in addition to its prior challenges to debtors'handling of the case.
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Court
:
In re Kobus
Aug
03
2006
Ruling
Conversion to chapter 13 denied for lack of good faith.
Procedural posture
The debtor filed a motion to convert her chapter 7 case to a chapter 13. The chapter 7 trustee objected. He alleges that the debtor failed to disclose that she transferred property to her father within one year of filing for bankruptcy relief. The debtor's motion followed the trustee's discovery of the transfer.
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Court
: