In re Bryan

District of Columbia District Court

Decided January 30, 1990

District of Columbia District Court · decided 1990-01-30

Applies 11 U.S.C. § 1112 · 11 U.S.C. § 706

Relies on In Re Sensibaugh · In Re Hanna · In Re Carter

Good law ✅— No negative treatment on recordhow we know

Decided 1990-01-30

How this case has been cited

Cited by 14 later decisions — most recently July 2014

1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1DECISION DENYING MOTION TO CONVERT CASE

S. MARTIN TEEL, Jr., Bankruptcy Judge.

¶2The Debtor has moved to convert this case to a case under Chapter 13. The case was earlier a Chapter 11 case and was converted to Chapter 7 pursuant to 11 U.S.C. § 1112. The Debtor thus no longer has the right to convert his case to a Chapter 13 case pursuant to 11 U.S.C. § 706(a). The Debtor, citing In re Sensibaugh, 9 B.R. 45 (Bankr.E.D.Va.1981), argues that although he no longer has the absolute right of conversion under § 706(a) the Court in its discretion may convert the case to Chapter 13. The Court must disagree for the reasons set forth in In re Hanna, 100 B.R. 591 (Bankr.M.D.Fla.1989), and In re Carter, 84 B.R. 744 (D.Kan.1988). An order of denial follows.