In this case, Orin Justice (“Justice”) initially filed for bankruptcy protection under Chapter 13. After one of his creditors, Advanced Controls Solutions, filed objections to Justice’s Chapter 13 plan, Justice converted the case to a Chapter 7 proceeding. Following Justice’s failure to rebut a presumption of abuse arising from the means test under 11 U.S.C. § 706(b)(2), the bankruptcy court ordered him to convert his case back to a Chapter 13 proceeding or face dismissal of his case. Justice moved to convert his case to a Chapter 13 proceeding, and the bankruptcy court granted the motion over the objection of Advanced Control Solutions. Advanced Control Solutions appealed this decision to the district court, arguing that 11 U.S.C. § 706(a) prevents a debtor from converting his Chapter 7 proceeding back to a Chapter 13 proceeding. The district court affirmed the bankruptcy court, and Advanced Control Solutions brought this appeal.
The Court of Appeals affirmed the district court’s ruling.
[gview file=http://www.ca8.uscourts.gov/opndir/11/05/103168P.pdf]