United States Ninth Circuit

Bankruptcy court did not abuse its discretion in dismissing debtor's bad-faith Chapter 11 case rather than converting it to Chapter 7. When deciding between dismissal and conversion under 11 U.S.C. section 1112(b), the court must consider the interests of all the creditors; here, the other creditors would fare worse under Chapter 7 because the accompanying discharge would deny them access to debtor's future income.

Appellate Information

• Decided 12/31/2008
• Published 12/31/2008

Judges

• Before:  RONALD M. GOULD, RICHARD C. TALLMAN, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jerome Shulkin, Shulkin Hutton, Inc., P.S., Mercer Island, WA, for the appellant.


• For Appellees:
  
• Charles A. Johnson, Jr., Law Office of Charlie Johnson, Seattle, WA, for the appellees.