Suntrust Bank v. Hardigan

ORDER

J. RANDAL HALL, District Judge.

Suntrust Bank (“Appellant”) appeals from the Bankruptcy Court’s March 29, 2013 Order denying Appellant’s and the United States Trustee’s motions to convert Kenneth R. Hardigan’s (“Appellee”) Chapter 7 filing to a Chapter 11 or, in the alternative, to dismiss. Because the Bankruptcy Court did not err in refusing to convert the Chapter 7 case to one under Chapter 11 and did not err in applying the totality of the circumstances test when assessing abuse, this Court AFFIRMS the Bankruptcy Court’s Order.

I.BACKGROUND

Appellee is a cardiologist residing in…