In Re Bobroff

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is whether we should grant a creditor’s motion to convert a proceeding under chapter 13 of the Bankruptcy Code (“the Code”) to one under chapter 7 based upon said creditor’s aver-ments that the debtor has unsecured debts in excess of $100,000.00 and does not have income sufficiently regular to fund a wage earner repayment plan. For the reasons stated herein we find the first averment meritorious, and will grant the motion to convert.

The facts of the case are as follows: 1 The debtor filed for relief under chapter 7 of the…