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IN RE GALLAGHER

No. 01-18953-9P7.

283 B.R. 604 (2002)

In re Arthur M. GALLAGHER, Debtor.

United States Bankruptcy Court, M.D. Florida, Fort Myers Division.

August 19, 2002.

Attorney(s) appearing for the Case

Roger L. Waltemyer, Fort Myers, FL, for debtor.

Diane L. Jensen, Fort Myers, FL, Chapter 7 Trustee.

ORDER DENYING MOTION TO CONVERT TO CHAPTER 13 AND SUSTAINING OBJECTION TO SAME

(Doc. Nos. 53 & 54)

ALEXANDER L. PASKAY, Chief Judge.

The underlying fact pattern of the matter before this Court is a classic paradigm of a seemingly well-established proposition that a Chapter 7 debtor has an absolute right to convert a Chapter 7 case pursuant to 11 U.S.C. § 706, which may not be absolute depending of the totality of the facts of the...

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