IN RE CARMODY

THOMAS TUCKER, Bankruptcy Judge

This adversary proceeding was scheduled for an adjourned hearing on April 1, 2010 on the Plaintiff Debtors' motion for summary judgment (Docket # 10), and is scheduled for trial on April 13, 2010. The Court's most recent order adjourning the summary judgment hearing stated that no further adjournments of these dates would be granted. (Docket # 23). The April 1 summary judgment hearing did not go forward, however, because on the morning of April 1, 2010, counsel for Plaintiff Debtors indicated to chambers that the Debtors intend to convert their Chapter 13 case to Chapter 7. Debtors have the right to convert their case to Chapter 7 by filing a notice of conversion, although as of this writing, they have not yet filed such notice. In light of Plaintiff Debtors' stated intention to convert their Chapter 13 case back to Chapter 7, the Court concludes that this adversary proceeding is moot.

Accordingly,

IT IS ORDERED that this adversary proceeding is dismissed as moot.

This dismissal is without prejudice to the future Chapter 7 Trustee's right to file a timely adversary proceeding seeking to avoid the Defendant's mortgage, and/or seeking any other appropriate relief against Defendant.