Bankr. No.:
89-30022
Chapter:
12
Date of Decision:
October 13, 1989
Issue:
Whether the debtors, who voluntarily dismissed their Chapter 11 case, may shortly thereafter file for protection under Chapter 12?
Ruling:
Filing for relief under Chapter 12 on the heels of a voluntary dismissal of their Chapter 11 case constitutes a de facto conversion from Chapter 11 to Chapter 12, which is not permissible.
Full Bankruptcy Court Decision:
Appeal Summary:
The district court affirmed the bankruptcy court’s decision.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: