In re West (05-32033)

A creditor filed an adversary proceeding contending that the Chapter 7 debtors' discharge shall be denied under 11 U.S.C.A. ยง 727(a). The debtors moved to convert the Chapter 7 case to a Chapter 13 case. The creditor objected. The creditor contended the debtors had shown a lack of good faith and a lack of candor by filing inaccurate bankruptcy schedules and an inaccurate statement of financial affairs. The court granted the debtors' motion to convert, noting that the plain language of Section 706(a) provides that the debtors had a right to convert their case.

Monday, October 2, 2006