« CA1: major Strickland habeas decision | Main | CA1: appeals of vacated remands »

October 31, 2005

CA1: BK courts have discretion to convert petitions

In re Robert Louis Marrama, No. 04-9009, affirms the decision of the Bankruptcy Appellate Panel which affirmed the Bankruptcy court’s denial of a “petition to convert these proceedings from Chapter 7 to Chapter 13, based on its determination that Marrama had attempted to conceal assets from creditors.”  The First Concludes that “[11 USC] § 706(a) confers ... discretion upon the bankruptcy court to forfend against “bad faith” conversions to chapter 13.”  Then it concludes that the Bankruptcy Court’s finding that the debtor, acted in bad faith were not clear error.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/t/trackback/210928/3488540

Listed below are links to weblogs that reference CA1: BK courts have discretion to convert petitions:

» Weekly Blog Roundup on Bankruptcy-Related Topics for the Week Ended 11/11/05 from Bankruptcy Litigation Blog
Below are notable blog posts on topical bankruptcy issues of interest to the bankruptcy litigator and practitioner for the week ending 11/11/05. Enjoy! Meanwhile, Cassie and I are off to LexThink's BlawgThink 2005 Conference, described as the "first of... [Read More]

» Weekly Blog Roundup on Bankruptcy-Related Topics for the Week Ended 11/11/05 from Bankruptcy Litigation Blog
Below are notable blog posts on topical bankruptcy issues of interest to the bankruptcy litigator and practitioner for the week ending 11/11/05. Enjoy! Meanwhile, Cassie and I are off to LexThink's BlawgThink 2005 Conference, described as the "first of... [Read More]

Comments

Post a comment

This weblog only allows comments from registered users. To comment, please Sign In.

Recent Comments