Opinion
Case No. 01-31609-11
September 24, 2002
Order Converting Chapter 11 Bankruptcy to Chapter 7 of the Bankruptcy Code
At Butte in said District this 4th day of September, 2002.
In this Chapter 11 bankruptcy, Debtor, through counsel, filed a "Motion for Conversion of Case to Chapter 7 Pursuant to 11 U.S.C. § 1112 (a)" on September 4, 2002. Section 1112(a) of the Bankruptcy Code provides that a "debtor may convert a case under this chapter to a case under chapter 7 of this title unless — (1) the debtor is not a debtor in possession; (2) the case originally was commenced as an involuntary case under this chapter; or (3) the case was converted to a case under this chapter other than on the debtor's request." The instant case was voluntarily commenced under chapter 11 of the Bankruptcy Code and has not been converted. In addition, the Debtor has, to this date, remained as Debtor-in-Possession. Thus, the Debtor has an absolute right to convert this case to chapter 7 of the Bankruptcy Code.
Conversion of this case to chapter 7 renders the motion to convert filed by Wells Fargo Bank and Harris Bank Trust Company moot. In light of the foregoing.
IT IS ORDERED Debtor's Motion for Conversion of Case to Chapter 7 Pursuant to 11 U.S.C. § 1112 (a) is granted; this case is converted to Chapter 7 of the Bankruptcy Code; and the Motion to Convert filed by Wells Fargo Bank and Harris Bank Trust Company is denied on grounds of mootness.