In Re Banks
United States Bankruptcy Court, E.D. Michigan
1Opinion of the Court
Supplemental Opinion
STEVEN W. RHODES, Bankruptcy Judge.
Having once converted her case from chapter 13 to chapter 7, the debtor requests re-conversion of her case to chapter 13. A creditor objects, arguing that reconversion is prohibited by 11 U.S.C. § 706(a). The Court holds that although the statute is subject to interpretation, it appears that the congressional intent was to prohibit re-conversion to chapter 13 in these circumstances. Accordingly, the debtor’s motion to re-convert is denied.
This opinion supplements an opinion given on the record in open court on July 31, 2000.
I
Denise M.…
2Cases cited17 opinions
- Philbrook v. GlodgettSupreme Court of the United States · 1975
- In Re Joseph A. Vause and Virgie L. Vause, Debtors. Joseph A. Vause and Virgie L. Vause v. Capital Poly Bag, Inc.Court of Appeals for the Sixth Circuit · 1989
- In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road CompanyCourt of Appeals for the Sixth Circuit · 2000
- In Re Elizabeth Hayes Lucas, Debtor. Jane B. Forbes, Trustee v. Elizabeth Hayes Lucas, Holiday Corporation Savings and Retirement PlanCourt of Appeals for the Sixth Circuit · 1991
- Nimai Kumar Ghosh v. Financial Federal Savings & Loan Ass'n (In Re Nimai Kumar Ghosh)United States Bankruptcy Court, E.D. New York · 1984
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3Cited by11 opinions
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- In Re AndersonUnited States Bankruptcy Court, D. South Carolina · 2006
- In Re BakerUnited States Bankruptcy Court, M.D. Alabama · 2003
- In Re JohnsonUnited States Bankruptcy Court, D. New Mexico · 2007
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