Schlehuber v. Fremont National Bank & Trust, No. 12-6063 (8th Cir. 2013)
Annotate this CaseDebtor appealed from the order of the bankruptcy court converting his Chapter 7 bankruptcy case to a case under Chapter 11, pursuant to section 706(b) of Title 11 of the Bankruptcy Code. The bankruptcy appellate panel (BAP) concluded that it was irrelevant that debtor was an individual with primarily non-consumer debts. The BAP also concluded that the bankruptcy court acted within its discretion when it assessed the evidence and determined conversion was warranted. Accordingly, the bankruptcy court acted within its discretion under section 706(b) and, therefore, the BAP affirmed the judgment.
Court Description: Bankruptcy Appellate Panel. The bankruptcy court did not abuse its discretion when, without the consent of the Debtor, it converted his Chapter 7 to a Chapter 11 pursuant to Bankruptcy Code Sec. 706(b) [ April 08, 2013
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