First National Bank of Pinellas v. Guard (In Re Guard)

FINDINGS OF FACT, CONCLUSIONS OF LAW, MEMORANDUM OPINION AND FINAL JUDGMENT

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 7 case originally commenced by a petition for relief under Chapter 13 of- the Bankruptcy Code, filed by Pierce James Guard, Jr. (the Debtor). Having been unable to obtain confirmation of the Chapter 13 plan, the Debtor filed a notice of conversion pursuant to § 1307 of the Code. In due course, Jary C. Nixon was appointed Interim Trustee and later as permanent trustee for the estate of the debtor. He is also named as a party Defendant in the above-captioned adversary…