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§ 706

In re Fields

Ruling
Conversion to chapter 13 denied on grounds of bad faith.
Issue(s)
Should debtor’s discharge be set aside and the case converted to chapter 13 on the debtor’s motion?

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Consumer opinion summary, case decided on June 17, 2016 , LexisNexis #0716-053

In re Schweickert

Ruling
Chapter 7 case reconverted to chapter 13 due to debtor's improved financial circumstances and lack of bad faith.

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Consumer opinion summary, case decided on April 19, 2016 , LexisNexis #0516-059

In re Cliwa

Ruling
Conversion from chapter 7 to chapter 13 denied where debtor acted in bad faith, had not established eligibility and could not show that creditors would not receive less than in chapter 7.
Issue(s)
Should debtor's chapter 7 case be voluntarily converted to chapter 13?

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Consumer opinion summary, case decided on April 14, 2016 , LexisNexis #0516-092

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?

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

In re Mercer

Ruling
Conversion to chapter 13 denied where debtors did not demonstrate ability to fund a confirmable plan.
Issue(s)
Could debtors convert their case from chapter 7 to chapter 13?

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Consumer opinion summary, case decided on September 29, 2015 , LexisNexis #1115-024

In re Gordon

Ruling
Motion to convert chapter 7 case denied where there would be grounds for conversion or dismissal under chapter 11.
Issue(s)
Whether the court should grant debtor's expedited motion to convert her case from chapter 7 to chapter 11 pursuant to 11 U.S.C.S. § 706(a).

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Consumer opinion summary, case decided on September 17, 2015 , LexisNexis #1015-057

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?

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

In re Howe

Ruling
Motion to convert chapter 13 case to chapter 7 denied due to bad faith.
Issue(s)
Could debtor convert reopened chapter 7 case to chapter 13 following final order approving settlement of debtor's product liability case by trustee, where debtor objected to the settlement but failed to appear at any of the relevant hearings?

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Consumer opinion summary, case decided on July 10, 2015 , LexisNexis #0815-020

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?

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

In re McLawhorn

Ruling
Debtor in case converted to chapter 7 could not convert back to chapter 13.
Issue(s)
Could debtor who converted chapter 13 case to chapter 7 reconvert the case to chapter 13?

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Consumer opinion summary, case decided on October 02, 2014 , LexisNexis #1014-131