Jody Garcia and Richard Garcia

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: JODY AND RICHARD GARCIA, Case No. 17-12100-t11 Debtors. OPINION Before the Court is Debtors’ motion to convert their chapter 11 case to chapter 7 and their main creditor’s motion to dismiss. The dispute turns on whether Debtor’s obligation to the creditor is a “consumer debt.” If it is, then upon conversion Debtors would face the argument that the case should be dismissed for substantial abuse under 11 U.S.C. § 707(b). If the obligation is not a consumer debt, on the other hand, conversion presents no such obstacle. The Court holds…