You are here

Ruling of the U.S. Supreme Court in In Re Marrama

Tue, 07/10/2007 - 5:00am


In light of the ruling of the U.S. Supreme Court in In Re Marrama, 127 S.Ct. 1105 (2007) that a debtor may forfeit the "absolute" right to convert a case from chapter 7 to another chapter pursuant to 11 U.S.C. § 706(a), such motions may be granted after consideration by the court or may be set for a hearing. Counsel should therefore not expect the immediate entry of an order of conversion. Motions to convert pursuant to § 706(a) should be served on the chapter 7 trustee, the debtor, and all parties in interest. If a hearing is set, 20 days notice is required pursuant to Bankruptcy Rule 2002.


[Conversions from chapter 13 to chapter 7 pursuant to section 1307(a) are unaffected by this announcement and remain effective upon the filing of a notice pursuant to Bankruptcy Rule 1017.]