In re Prosser
In re Prosser
Opinion of the Court
OPINION
Jeffrey J. Prosser has appealed an order of the district court affirming an order of the bankruptcy court that denied reconsideration of an earlier order converting Prosser’s Chapter 11 bankruptcy proceeding, 11 U.S.C. § 1101 et seq., to a proceeding under Chapter 7, 11 U.S.C. § 701 et seq.
Inasmuch as the background facts leading to the conversion are recited in the district court’s Memorandum Opinion, we find it unnecessary to recite those facts here. See In re Prosser, 2008 WL 2369187 (D.Vi. June 6, 2008). A bankruptcy court can convert a Chapter 11 proceeding to a proceeding under Chapter 7 for “cause.” 11 U.S.C. § 1112(b). Section 1112(b)(4)(A)-(P) provides a list of factors that constitute “cause” for such a conversion. Certain of Prosser’s creditors filed motions to convert Prosser’s Chapter 11 proceeding to one under Chapter 7, and the bankruptcy court granted the motions after finding cause as set forth under the Bankruptcy Code. Thereafter the bankruptcy court denied Prosser’s motion to reconsider that conversion and the district court subsequently affirmed the bankruptcy court’s decision. This appeal followed.
“The bankruptcy court has broad discretion in deciding whether to ... convert a
Case-law data current through December 31, 2025. Source: CourtListener bulk data.