In Re Leggett

ORDER GRANTING MOTION TO DISMISS

PAUL W. BONAPFEL, Bankruptcy Judge.

CSX Transportation, Inc. (“CSXT”) has moved to dismiss the Debtor’s chapter 13 case or to convert it to chapter 7 on the ground that the Debtor’s unsecured debts exceed the $307,675 limit for chapter 13 relief under 11 U.S.C. § 109(e) because of its claim in excess of $1.9 million against the Debtor and others that is pending in the District Court. The Debtor contends that, due to his dispute with CSXT in the ligation, the claim is contingent and unliq-uidated such that it does not count for purposes of § 109(e).

Based on the…