NCBRC’s Tara Twomey assisted debtors’ counsel in appealing a decision by the Bankruptcy Court of the Central District of California, Riverside Division, in which the court refused to give effect to debtors’ notice of conversion and instead dismissed the case with a 180-day bar to refiling. In re Taylor, No. 11-1879 (C.D. Cal.). In Taylor, the judge dismissed debtors’ chapter 13 case sua sponte the day after the chapter 13 debtors filed a notice of conversion to chapter 7. While acknowledging that the notice of conversion had been filed, the court refused to give the notice any effect. At a continued confirmation hearing, debtors’ counsel commented that the case had been converted the prior day, but the judge responded by saying: “No, it wasn’t. Confirmation denied. Cased dismissed. 109(g) applies.” Read More
Tag Archive: conversion
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Appeal of Sua Sponte Dismissal in Central District California
Posted by NCBRC - April 9th, 2012
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