In Re Kelsey

Memorandum Opinion on Motion to Convert

EDWARD H. PATTON, Jr., Bankruptcy Judge.

This matter is a motion by the trustee of Henry B. Kelsey, a Chapter 13 debtor engaged in business, to convert the Chapter 13 proceeding to a proceeding under Chapter 7 of the Bankruptcy Code. The trustee has alleged that under § 1307(c) cause exists to convert the proceeding because the debtor has failed to file periodic reports as required by § 1304(c) and because the debtor is ineligible for relief under Chapter 13 as the amount of debt scheduled by the debtor exceeds the limits imposed by § 109(e), In response,…