Legal Opinion

In Re Banks

United States Bankruptcy Court, E.D. Michigan

Decided August 9, 2000No. 19-42144PublishedCited by 11 opinions

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

  1. Philbrook v. GlodgettSupreme Court of the United States · 1975
  2. 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
  3. In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road CompanyCourt of Appeals for the Sixth Circuit · 2000
  4. 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
  5. 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

  1. In Re BeckermanUnited States Bankruptcy Court, E.D. Michigan · 2008
  2. Povah v. Hansbury & Finn, Inc. (In Re Povah)United States Bankruptcy Court, D. Massachusetts · 2011
  3. In Re AndersonUnited States Bankruptcy Court, D. South Carolina · 2006
  4. In Re BakerUnited States Bankruptcy Court, M.D. Alabama · 2003
  5. In Re JohnsonUnited States Bankruptcy Court, D. New Mexico · 2007

6 more not listed; retrieve them via the Exa API.

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