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IN RE BOBROFF

Bankruptcy No. 81-01525G.

32 B.R. 933 (1983)

In re Charles Thomas BOBROFF, a/k/a Charles T. Bobroff, a/k/a Donney Bobroff and Zachary Fae, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

October 3, 1983.

Attorney(s) appearing for the Case

David L. Segal, Philadelphia, Pa., for debtor, Charles Thomas Bobroff, a/k/a Charles T. Bobroff, a/k/a Donney Bobroff and Zachary Fae.

Samuel H. Becker, Andrew D. Bershad, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for Continental Bank.

James O'Connell, Philadelphia, Pa., Chapter 13 Standing Trustee.

Jonathan H. Ganz, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., for the Standing Trustee, James O'Connell.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is whether we should grant a creditor's motion to convert a proceeding under chapter 13 of the Bankruptcy Code ("the Code") to one under chapter 7 based upon said creditor's averments that the debtor has unsecured debts in excess of $100,000.00 and does not have income sufficiently regular to fund a wage earner repayment plan. For the reasons stated herein we find the first averment...

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