In Re Lena Albert Fleek, Debtor.lena Albert Fleek, Plaintiff-appellant, v. Gerald M. O'donnell, Trustee-appellee, 914 F.2d 1490 (4th Cir. 1990)

Lena A. Fleek appeals from the district court's order affirming the bankruptcy court's order denying her motion to convert her case in bankruptcy from Chapter 7 to Chapter 13. Our review of the record discloses that this appeal is without merit. Fleek's case had previously been converted from Chapter 13 to Chapter 7 pursuant to 11 U.S.C. § 1307; therefore, she had no right to reconversion under 11 U.S.C. § 706(a). Additionally, the conversion was barred under Sec. 706(d) because Fleek did not qualify to proceed under Chapter 13. Accordingly, we affirm the district court's order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

AFFIRMED