Opinion
Bankruptcy Case No. 02-00177
June 11, 2003
ORDER
On May 20, 2002, in the above captioned Bankruptcy Case, creditor Wells Fargo Financial Guam, Inc., filed its Motion to Dismiss [the Case] (the "Motion") pursuant to 11 U.S.C. § 1307(c) which authorizes the Court to dismiss a Chapter 13 Bankruptcy Case where, among other grounds, a debtor "fails to commence making timely payments under section 1326 of this title." 11 U.S.C. § 1307(c)(4). The Motion is currently calendared to be heard on Friday, June 13, 2003 at 9:30 a.m.
However, on June 10, 2003, the debtors filed their Notice of Conversion from Chapter 13 to Chapter 7 and on June 11, 2003, the Court signed the Order Approving Conversion from Chapter 13 to Chapter 7. Thus, the debtors' Case is now proceeding under Chapter 7 of the Bankruptcy Code. Therefore, because 11 U.S.C. § 1307(c) applies only to Cases under Chapter 13 of the Bankruptcy Code, the Motion is now moot. Accordingly, the June 13, 2003 Hearing of the Motion is HEREBY VACATED.
Section 1307(c) of the Bankruptcy Code provides as follows:
Except as provided in subsection (e) of this section, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title, or may dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause.11 U.S.C. § 1307(c)[emphasis added].
SO ORDERED.