Legal Opinion

Victor P. Kearney

United States Bankruptcy Court, D. New Mexico

Decided June 18, 2020No. 17-12274Unknown

1Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: VICTOR P. KEARNEY, No. 17-12274 t11 Debtor. OPINION Debtor has moved to convert his individual chapter 11 case, with a confirmed creditor plan of reorganization currently on appeal, to chapter 7. Debtor argues he has an absolute right to convert, but also that conversion is necessary so he can pay his chosen criminal defense counsel to defend him in a tax fraud case. The unsecured creditors’ committee and two other interested parties oppose conversion, arguing that Debtor has no absolute right to convert, that conversion would take…

2Cases cited26 opinions

  1. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  2. St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
  3. Toibb v. RadloffSupreme Court of the United States · 1991
  4. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  5. In Re Marvel Entertainment Group, Inc.Court of Appeals for the Third Circuit · 1998

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