The debtors moved to continue the hearing on confirmation of their original chapter 12 plan and extend the deadline for concluding the confirmation hearing for cause pursuant to § 1224.  The debtors requested additional time to establish historical evidence of an additional stream of income for purposes of feasibility and to allow the debtors to amend their original plan to address objections filed by the secured creditors, the chapter 12 trustee, and the Bankruptcy Administrator.  The debtors made it clear that they would not seek confirmation of their original plan but intended to file an amended plan.  The Court held that there was not cause to continue the confirmation hearing nor was there cause to extend the 45-day period for concluding the confirmation hearing under § 1224.  In so holding, the Court determined that, under § 1223(b), if the debtors file a modified plan, the modified plan will become the plan for purposes of the deadline for confirmation of the plan under § 1224.

The Court dismissed a chapter 13 case with a 180 day bar, finding that it was filed in bad faith.  The debtor attempted to evade a foreclosure proceeding while misrepresenting material facts about his case to the Court.

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.

Pro se creditor filed an objection to confirmation of debtors' proposed plan prior to the claims bar date, describing his claim against the debtors in that document  After the claims deadline he filed a proof of claim in the amount of $3,210.00, requesting priority status. The debtors filed an objection to claim 11 of the creditor as untimely filed. The Fourth Circuit recognizes informal proof of claim where a creditor has taken some action that gives sufficient notice that the creditor has a claim against the estate. Davis v. Columbia Constr. Co., Inc. (In re Davis), 936 F.2d 771, 776 (4th Cir. 1991). The debtors' objection to claim as untimely filed is overruled and their objection to the claim as a priority claim is sustained. Creditor's claim is allowed as a general unsecured claim.