Croston v. Davis (In Re Croston)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
Bankruptcy Code § 706(a), which authorizes individual debtors to convert a chapter 7 liquidation case to one of the three reorganization chapters so long as the case has not previously been converted, provides that “[a]ny waiver of the right to convert a case under this subsection is unenforceable.” 11 U.S.C. § 706(a). The issue is whether a court can deny a § 706(a) conversion motion for reasons not stated in § 706.
We conclude that § 706(a)’s anti-waiver language precludes barring debtors from exercising their one-time right to convert for reasons other than,…
2Cases cited11 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- In Re Vernon Lee Finney, Debtor. Vernon Lee Finney v. Alexander Pierce Smith, TrusteeCourt of Appeals for the Fourth Circuit · 1993
- Street v. Lawson (In Re Street)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
- In the Matter of Virginia Frederick Martin, Debtor. Virginia Frederick Martin v. Lehman A. Martin, Jr.Court of Appeals for the Fifth Circuit · 1989
- Beatty v. Traub (In Re Beatty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
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3Cited by18 opinions
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Rosson v. Fitzgerald (In Re Rosson)Court of Appeals for the Ninth Circuit · 2008
- Searles v. Riley (In Re Searles)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- Jacobsen v. Moser (In Re Jacobsen)Court of Appeals for the Fifth Circuit · 2010
- Procel v. United States Trustee (In Re Procel)District Court, S.D. New York · 2012
13 more not listed; retrieve them via the Exa API.