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IN RE CROSTON

BAP No. AZ-04-1096-KMoB. Bankruptcy No. 03-01282-PHX-CGC.

313 B.R. 447 (2004)

In re Michael CROSTON and Rosa Marie Martinez, Debtors. Michael Croston and Rosa Marie Martinez, Appellants, v. Robert Davis, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed August 6, 2004.

Attorney(s) appearing for the Case

Michael Croston/Rosa Marie Martinez, Glendale, AZ, Pro se.

Edwin P. Lee, Law Offices of Edwin P. Lee, Phoenix, AZ, for Robert Davis, Ch. 7 Trustee.

Before KLEIN, MONTALI, and BRANDT, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

Bankruptcy Code § 706(a), which authorizes individual debtors to convert a chapter 7 liquidation case to one of the three reorganization chapters so long as the case has not previously been converted, provides that "[a]ny waiver of the right to convert a case under this subsection is unenforceable." 11 U.S.C. § 706(a). The issue is whether a court can deny a § 706(a) conversion motion for reasons not stated...

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