Legal Opinion
Miller v. United States Trustee (In Re Miller)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 30, 2003No. BAP No. UT-02-082. Bankruptcy No. 02T-23053PublishedCited by 20 opinions
1Opinion of the Court
OPINION
MCFEELEY, Chief Judge.
Debtor/Appellant, William C. Miller (“Appellant”) appeals an order of the United States Bankruptcy Court for the District of Utah (“bankruptcy court”) that denied Appellant’s motion to convert his Chapter 7 case to one under Chapter 13 of the Bankruptcy Code on the grounds that there were circumstances indicating an abuse of process. Appellant argues that the bankruptcy court erred because in the statute governing conversion, 11 U.S.C. § 706, 2 the bankruptcy court does not have the discretion to deny conversion on any basis other than the requirements set forth…
2Cases cited25 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Hilton v. BraunskillSupreme Court of the United States · 1987
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
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3Cited by20 opinions
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Salem, Maurice J. v. Neshewat, MichaelCourt of Appeals for the Seventh Circuit · 2006
- In Re: John Franklin Copper, Debtor. Athena Chen Copper Estate of Sumiko Yamaoka v. John Franklin CopperCourt of Appeals for the Sixth Circuit · 2005
- Condon v. Brady (In Re Condon)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Copper v. Copper (In Re Copper)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
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