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§ 706(d)

In re Miller

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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Consumer opinion summary, case decided on July 24, 2013 , LexisNexis #0813-058

In re Grant

Ruling
Conversion to chapter 13 denied due to debtor's bad faith.
Procedural posture

A bankruptcy debtor moved to convert his case from chapter 7 to chapter 13, and the trustee and a creditor objected to conversion on the ground that the debtor was not seeking conversion in good faith.

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Consumer opinion summary, case decided on February 27, 2008 , LexisNexis #0408-048

In re Mercado

Ruling
Voluntary conversion from chapter 7 to chapter 13 vacated due to debtors' bad faith in converting nonexempt assets into exempt homestead.
Procedural posture

The chapter 7 trustee filed an objection to the debtors'purported conversion of their case from a chapter 7 to a chapter 13 claim, asserting that the debtors had acted in bad faith, because they converted nonexempt assets into an alleged exempt homestead when they had debts of at least $50,000. The trustee noted that the Supreme Court's recent ruling in Marrama v. Citizens Bank of Mass. was controlling precedent.

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Consumer opinion summary, case decided on September 24, 2007 , LexisNexis #1007-116