In re Fields
Jun
17
2016
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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Court
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In re Schweickert
Apr
19
2016
Ruling
Chapter 7 case reconverted to chapter 13 due to debtor's improved financial circumstances and lack of bad faith.
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Court
:
In re Cliwa
Apr
14
2016
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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Court
:
In re Gordon
Sep
17
2015
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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Court
:
In re McLawhorn
Oct
02
2014
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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Court
:
In re Jennings
Mar
19
2013
Ruling
Conversion to chapter 13 denied as attempt to prevent recovery of assets and block adversary proceeding.
Procedural posture
The chapter 7 debtors filed a motion to convert their case to chapter 13 pursuant to 11 U.S.C.S. § 706(a). A chapter 7 trustee objected on the grounds that the conversion would be a bad faith effort to further the concealment of the assets and the false oaths made by the debtors.
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Court
:
In re Basil St. Partners LLC
Jun
28
2012
Ruling
Case converted to chapter 11 absent bad faith.
Procedural posture
Four petitioning creditors filed an involuntary bankruptcy petition under chapter 7. One secured creditor was involved in a prepetition state court action to foreclose a contested mortgage lien encumbering the alleged debtor's real property, a development project that was operated by a receiver. The debtor filed a motion to convert its case to chapter 11, pursuant to 11 U.S.C.S. § 706(a).
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Court
:
Levesque v. Shapiro (In re Levesque)
Jun
25
2012
Ruling
Bankruptcy court did not abuse discretion in denying debtors' motion to convert to chapter 11 due to untruths.
Procedural posture
Appellant chapter 7 debtors sought review of a judgment from the United States Bankruptcy Court for the District of Nevada, which granted their motion to reopen their case but denied their motion to convert to chapter 11. On appeal, the debtors argued that appellee chapter 7 trustee had no standing to be heard with respect to the motions because he had filed his final report and been discharged.
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Court
:
Judge or Jurisdiction information not available
In re Nordin
May
09
2012
Ruling
Conversion to chapter 13 denied on reconsideration due to new evidence of bad faith.
Procedural posture
Chapter 7 trustee and a creditor filed a joint motion to reconsider and vacate a court order granting the debtor's motion to convert from chapter 7 to chapter 13 pursuant to 11 U.S.C.S. § 706(a).
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Court
:
In re Joung
Jun
10
2011
Ruling
Conversion to chapter 11 denied without prejudice where debtor could propose plan that would provide full recovery to creditors.
Procedural posture
A bankruptcy debtor moved to convert her Chapter 7 case to a case under Chapter 11 pursuant to 11 U.S.C.S. § 706(a), a creditor opposed the conversion based on the debtor's bad faith in failing to disclose assets and transfers.
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Court
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