Legal Opinion
Pequeno v. Schmidt
District Court, S.D. Texas
Decided March 31, 2004No. CIV. B-03-029PublishedCited by 11 opinions
1Opinion of the Court
ORDER
HANEN, District Judge.
This case is an appeal from the Bankruptcy Court’s order prohibiting the debt- or, Juan Pequeño (hereinafter “Pequeño” or “debtor”), from converting his Chapter 7 bankruptcy case to one under Chapter 13. Pequeño filed a motion to convert pursuant to 11 U.S.C. § 706(a), and it was opposed by Michael B. Schmidt, the Chapter 7 Trustee (hereinafter “Trustee” or “Schmidt”). The Bankruptcy Court found that the debtor had previously acted in bad faith and, therefore, denied the conversion motion. The debtor questions on appeal: 1) whether the Bankruptcy Court had the power…
2Cases cited44 opinions
- Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994
- Peaches Entertainment Corp. v. Entertainment Repertoire Associates, Inc.Court of Appeals for the Fifth Circuit · 1995
- In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appelleeCourt of Appeals for the Ninth Circuit · 1999
- In Re: Nina Marie Barbieri, Debtor. Nina Marie Barbieri, Debtor-Appellant v. Raj Acquisition Corp. Chapter 7 Trustee TrusteeCourt of Appeals for the Second Circuit · 1999
- Nelson v. Easley (In Re Easley)United States Bankruptcy Court, M.D. Tennessee · 1987
39 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re: John Franklin Copper, Debtor. Athena Chen Copper Estate of Sumiko Yamaoka v. John Franklin CopperCourt of Appeals for the Sixth Circuit · 2005
- Copper v. Copper (In Re Copper)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
- In Re KuhnUnited States Bankruptcy Court, N.D. Indiana · 2005
- In Re CarrowUnited States Bankruptcy Court, N.D. New York · 2004
- Mahanna v. BynumDistrict Court, W.D. Texas · 2011
6 more not listed; retrieve them via the Exa API.