III. Dealing With A Motion To Convert Pursuant To Section 706(b)

This post assumes familiarity with my last two posts (Part 1 and Part 2) of this multi-part series. Thus, while you can certainly read this post without reading those previous ones, you’ll get more out of it if you read those posts first.

A. Oppose Any Motion To Extend The Time To Enter A Discharge

If the Court has already granted a nonconsumer debtor a Chapter 7 discharge, the judge will probably not entertain a motion to convert the Chapter 7 case to one under Chapter 11, pursuant to § 706(b). Therefore, oppose any motion to extend the time for the Court to enter the discharge. Here’s the argument:
Continue Reading The Fight Against An Alarming Trend: Section 706(b) Motions – Part 3

There is an alarming trend facing us, and it is not the latest teen-age fashions. It is the filing of motions pursuant to 11 U.S.C. § 706(b), to convert individual nonconsumer Chapter 7 cases to Chapter 11.

Because the topic of § 706(b) motions is a bit complicated, and requires some background information to understand it, my discussion will span a multi-part series of posts. In this first post I’ll set the stage by beginning with the more commonly seen terrain of 11 U.S.C. § 707 motions to dismiss.
Continue Reading The Fight Against An Alarming Trend: Section 706(b) Motions – Part 1