In re Cram

Pre 2005-Act: 
Pre 2005-Act
Revocation of discharge and modification order granted after discovery of undisclosed settlement proceeds vacated and motion for turnover and conversion denied.
Procedural posture: 
Trustee filed a motion to convert debtors' chapter 13 case, pursuant to 11 U.S.C.S. § 1307(c). based on debtor's alleged bad faith in not turning over the proceeds of a settlement (conversion motion), as required by a modification order. The trustee also moved to compel debtors to turn over the gross proceeds of the settlement (turnover motion). Debtors' claimed that their case should be dismissed pursuant to § 1307(b).
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Consumer case opionion summary, case decided on June 03,2009, LexisNexis #0709-139