IN RE GLOBAL WINE GROUP

CHRISTOPHER KLEIN, Bankruptcy Judge

The parties having stipulated that relief may be ordered in this involuntary case, relief will be ordered in the form in which it was filed, that is, as a chapter 7 case. While the parties agreed that the case would become a chapter 11 case with the debtor in possession, there was some uncertainty at the time of the hearing regarding the correct administrative manner for reaching that result. Although the court indicated that it would order relief under chapter 11, the court did not take into account that the chapter 11 filing fee had not been paid and that the only case in front of the bankruptcy court is a petition for relief under chapter 7. Accordingly, relief will be entered under chapter 7. It will be up to the debtor to convert the case to chapter 11 and pay the requisite filing fee for chapter 11.

An appropriate order will issue.