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In re Jon Eric Wik and Sherry Lynn Wik

Bankr. No.: 
05-50615
Chapter: 
7
Date of Decision: 
November 16, 2006
Issue: 
Whether 11 U.S.C. § 706(c) provides an independent basis for converting a chapter 7 case to chapter 13?
Ruling: 
On its face, § 706(c) says nothing about when a court may convert a chapter 7 case; it instead tells the Court only when it may not convert a chapter 7 case. The Court therefore agreed with those courts that have held § 706(c) does not provide an independent basis for converting a chapter 7 case to chapter 13 and denied Debtors’ motion to convert.
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