Thomas J. Tucker
Chapter 7
Judge Thomas J. Tucker
ORDER DISMISSING CASE
The Debtors commenced this bankruptcy case by filing a voluntary petition for relief under Chapter 7. The United States Trustee filed a motion to dismiss the Chapter 7 case, and on April 19, 2013, the Court filed a written opinion, concluding that the United States Trustee's motion must be granted "based on the presumption of abuse in § 707(b)(2)(A)(i), and the Debtors' failure to rebut that presumption under § 707(b)(2)(B)" (Docket # 86). The Court found and concluded that the granting of relief to the Debtors under Chapter 7 would constitute an abuse of the provisions of Chapter 7, within the meaning of 11 U.S.C. § 707(b)(1).
Also on April 19, 2013, the Court entered an order entitled "Order Conditionally Granting the United States Trustee's Motion to Dismiss, and Allowing Debtors to File a Motion to Convert to Chapter 13 or to Chapter 11" (Docket # 87), which provided, in relevant part:
IT IS ORDERED that the Motion is conditionally granted, as follows: Debtors may file a motion to convert this case to Chapter 13 or to Chapter 11. If the Debtors file and serve such a motion, and a 21-day notice of such motion, all on or before May 3, 2013, the Motion will be deemed denied without prejudice. If the Debtors do not file and serve a motion to convert to Chapter 13 or to Chapter 11, and a 21-day notice of such motion, on or before May 3, 2013, the Court will enter an order dismissing this case, without further notice or hearing.
On May 1, 2013, the Debtors filed and served a motion to convert the case to Chapter 13 and a 21-day notice of such motion (Docket # 88). On May 30, 2013, the Court entered an order converting the case from Chapter 7 to Chapter 13 (Docket # 91).
On October 2, 2013, the Debtors filed a notice of voluntary conversion of the Chapter 13 case to Chapter 7 (Docket # 126). As a result, this case is back under Chapter 7. See 11 U.S.C. § 1307(a); Fed.R.Bankr.P. 1017(f)(3). Because of this conversion to Chapter 7, the case must be dismissed.
Based on the Court's opinion and order at Docket ## 86 and 87, the law of this case is that the case may continue under Chapter 13 if the Debtors so elect, but otherwise the case must be dismissed for abuse under 11 U.S.C. §§ 707(b)(1) and 707(b)(2). Although the Debtors converted this case from Chapter 7 to Chapter 13 several months ago, the Debtors have now elected to convert the case back to Chapter 7. As a result, this case must now be dismissed for abuse under 11 U.S.C. § 707(b)(1) and 707(b)(2). Based on these sections, and also based on 11 U.S.C. § 105(a),
IT IS ORDERED that this bankruptcy case is dismissed.
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Thomas J. Tucker
United States Bankruptcy Judge