Skip to main content

§ 706

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.

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

opinion summary, case decided on August 03, 2006 , LexisNexis #0906-045
LexisNexis Article
Learn More

Neely v. Smith (In re Neely)

Nov
22
2005
Ruling
Order denying conversion was revoked, and case was remanded for consideration of whether debtor bad faith existed since strong presumption in favor of conversion exists.
Procedural posture

The debtor appealed two interlocutory orders of the bankruptcy court. The first order denied his 11 U.S.C. § 706(a) motion to convert from a Chapter 7 to a Chapter 13 bankruptcy. The second order withdrew the first order, granted the motion to convert, and then immediately reconverted the debtor's case to a Chapter 7 case.

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

opinion summary, case decided on November 22, 2005 , LexisNexis #0106-025
LexisNexis Article
Learn More
Subscribe to %1