United States First Circuit

Bankruptcy Code section 706(a) does not confer an "absolute" right to a debtor to convert Chapter 7 proceedings to Chapter 13. Thus, where a debtor acknowledged concealing from the bankruptcy trustee transactions intended to protect his assets from creditors, the court may deny such conversion.

Appellate Information

• Decided 10/31/2005
• Published 10/31/2005

Judges

• CYR, Senior Circuit Judge., Before HOWARD, Circuit Judge, CYR and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David G. Baker, for appellant., Lynne F. Riley, with whom Riley & Esher, were on brief for Amicus Curiae, National Association of Bankruptcy Trustees., Gary Klein, with whom Roddy, Klein & Ryan, and John Rao, National Consumer Law Center, were on brief for Amicus Curiae, National Association of Consumer Bankruptcy Attorneys.


• For Appellees:
  
• Mark G. DeGiacomo, with whom Olga L. Bogdanov and Murtha Cullina LLP were on brief for appellee Mark G. DeGiacomo., Jack J. Mikels, Michael A. Wirtz, Janell E. DeGennaro, and Jack Mikels & Associates on brief for appellee Citizens Bank of Massachusetts.