In re Smith, No. 10-60849, 2012 WL 43647, at *4 (Bankr. N.D. Ohio Jan. 9, 2012) (Kendig)

Conversion to Chapter 7 four months after confirmation was in bad faith when debtor had received life insurance proceeds from husband’s death, sufficient to pay unsecured debt in full. Proceeds were property of Chapter 13 estate. “[D]ebtor’s post-conversion actions speak volumes about her intent. Prior to her husband’s death, Debtor’s net household income was approximately $30,000.00. It declined to approximately $21,000.00 after her husband passed. In less than three months, Debtor had spent the equivalent of her annual after tax income for three years. She selectively decided to repay creditors who were close to her and completely disregard the creditors included in the bankruptcy case. Further, she has failed to fully account for the life insurance proceeds.”

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