From the Editor’s Desk – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Bad faith filing justified conversion of case to Chapter 7. In determinations of whether cause exists for conversion, the totality-of-circumstances test applies, under In re Leavitt, 171 F.3d 1219 (9th Cir. 1999), and the bankruptcy court did not abuse its discretion in finding that the debtors’ bad faith filing was cause for conversion. The Chapter 13 filing was intended to frustrate conclusion of a state court action, and the debtors failed to candidly and completely provide financial information. Khan v. Barton (In re . . .

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