In re Hunter (Case No. 18-51081)

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The Debtor filed a motion to convert his case from Chapter 7 to Chapter 11 pursuant to section 706(a) of the Bankruptcy Code. Under section 706(d) the case may not be converted unless the debtor may be a debtor under such chapter. The court denied the Debtor's motion to convert his case from Chapter 7 to Chapter 11. The court determined that the objecting parties met their burden of proof by a preponderance of the evidence that the conversion should be denied, based upon cause under section 1112(b) of the Bankruptcy Code, including a substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation under 1112(b)(4)(A) and a lack of good faith.

Tuesday, February 19, 2019
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