Skip to main content

§ 706(b)

Carvalho, In re

Ruling
Creditor's motion to convert case to chapter 11 was denied as there was no finding of bad faith in debtor's decision to file a case under chapter 7. (Bankr. D.D.C.)
Issue(s)
Conversion; Conversion to Chapter 11 by the Court.

ABI Membership is required to access the full summary of Carvalho, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 28, 2018 , LexisNexis #1118-051

First Conn. Consulting Grp., In re

Ruling
Debtor could not convert his bankruptcy case as the chapter 11 plan he proposed was notfeasible and threatened abuse of the bankruptcy system. (Bankr. D. Conn.)
Issue(s)
Conversion; Conversion to Chapter 11 by the Court.

ABI Membership is required to access the full summary of First Conn. Consulting Grp., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 10, 2018 , LexisNexis #0218-084

In re Smith

Ruling
Conversion of chapter 7 case to chapter 11 denied as not beneficial to debtors or creditors.
Issue(s)
Can chapter 7 debtors be forced to convert their case to chapter 11 and be compelled to repay creditors in a five-year plan?

ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 21, 2016 , LexisNexis #0216-091

In re Parvin

Ruling
Chapter 7 case converted to chapter 11 where debtor could support a plan.
Issue(s)
Should debtor's chapter 7 case be converted to chapter 11 on the ground that the debtor had sufficient disposable income to repay his unsecured creditors through a chapter 11 plan?

ABI Membership is required to access the full summary of In re Parvin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 14, 2015 , LexisNexis #1015-015

In re Decker

Ruling
Discretionary conversion to chapter 11 granted.
Issue(s)
Was the United States Trustee impermissibly extending use of the § 706(a) means test to obtain conversion of debtors' case to chapter 11?

ABI Membership is required to access the full summary of In re Decker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 31, 2015 , LexisNexis #0415-131

In re Baker

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?

ABI Membership is required to access the full summary of In re Baker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 10, 2013 , LexisNexis #0214-129

Schlehuber v. Fremont Natl Bank (In re Schlehuber)

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).

ABI Membership is required to access the full summary of Schlehuber v. Fremont Natl Bank (In re Schlehuber) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 09, 2013 , LexisNexis #0513-021

In re Gordon

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.

ABI Membership is required to access the full summary of In re Gordon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 23, 2012 , LexisNexis #0212-131

Mariah Bay Leasing Corp. v. Credit Union Liquidity Servs.

Ruling
Appeal for order denying confirmation of chapter 11 plan dismissed as moot where case had remained in chapter 7 without objection.
Procedural posture

Creditor moved to convert debtor's chapter 11 case to chapter 7. The U. S. Bankruptcy Court for the Northern District of Texas granted the motion and denied confirmation of the debtor's chapter 11 reorganization plan. The debtor appealed the denial of confirmation. The creditor moved to dismiss the appeal.

ABI Membership is required to access the full summary of Mariah Bay Leasing Corp. v. Credit Union Liquidity Servs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 29, 2011 , LexisNexis #0711-128