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PEQUENO v. SCHMIDT

No. CIV. B-03-029.

307 B.R. 568 (2004)

Juan PEQUENO, Appellant, v. Michael B. SCHMIDT, Trustee, Appellee.

United States District Court, S.D. Texas, Brownsville Division.

March 31, 2004.

Attorney(s) appearing for the Case

Richard D. Schell, Law Offices of Richard D. Schell, McAllen, TX, for Petitioner.

Michael B. Schmidt, Attorney at Law, Corpus Christi, TX, for Respondents.

ORDER

HANEN, District Judge.

This case is an appeal from the Bankruptcy Court's order prohibiting the debtor, Juan Pequeno (hereinafter "Pequeno" or "debtor"), from converting his Chapter 7 bankruptcy case to one under Chapter 13. Pequeno filed a motion to convert pursuant to 11 U.S.C. § 706(a), and it was opposed by Michael B. Schmidt, the Chapter 7 Trustee (hereinafter "Trustee" or "Schmidt"). The Bankruptcy Court found that the debtor had previously...

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