Supreme Court Update
Second Circuit Updates with Bill Rochelle
Middle Ground on the Circuit Split over Dismissal vs. Conversion in Chapter 13
Bankruptcy Judge Michael Fagone permits dismissal of a chapter 13 case, but with a bar to refiling within two years.
Court:
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On a Split, Ninth Circuit BAP Holds: Misconduct in ‘11’ Doesn’t Prevent Conversion to ‘7’
Given that chapter 7 has remedies like denial of discharge for a debtor’s misconduct, bad faith in chapter 11 doesn’t allow dismissal on conversion to chapter 7.
Court:
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Converting from Chapter 7 to Sub V to Liquidate Is Ok, Judge Cleary Says
A corporate debtor with no income and no operating business could convert an involuntary chapter 7 case to Subchapter V of chapter 11.