ABI Poll Dishonest Chapter 7 Debtors Do Not Have an Absolute Right to Convert Their Bankruptcy Cases to Chapter 13
Contact: John Hartgen
THEIR BANKRUPTCY CASES TO CHAPTER 13
May 29, 2007, Alexandria,
Va. —A majority of respondents to
Eighteen percent of respondents, however, thought that chapter 7 debtors did have an absolute right under §706(a) to convert to a chapter 13 proceeding, even if there was pre-petition bad faith conduct. Seventeen percent “strongly disagreed” that chapter 7 debtors do not have an absolute right to convert to chapter 13 if they acted in bad faith during the pre-petition process, while 1 percent “disagreed somewhat.” Eight percent of the respondents did not know or had no opinion on the issue.
The poll is based on Marrama v. Citizens Bank
of Massachusetts, No. 05-996, 549