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IN RE COPPER

No. 04-8002.

314 B.R. 628 (2004)

In re John Franklin COPPER, Debtor. Athena Chen Copper and the Estate of Sumiko Yamaoka, Plaintiffs-Appellees, v. John Franklin Copper, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed September 24, 2004.

Attorney(s) appearing for the Case

Ted I. Jones, Vaughn, Hall, Jones & VanDeveer, Memphis, TN, for Appellant.

R.H. Chockley, Mimi Phillips, Memphis, TN, for Appellee.

Before AUG, GREGG, and HOWARD, Bankruptcy Appellate Panel Judges.

OPINION

AUG, Chief Judge.

The Debtor, John Franklin Copper, appeals the bankruptcy court's denial of his motion to convert his chapter 7 case to one under chapter 13.

I. ISSUE ON APPEAL

Whether the plain language of 11 U.S.C. § 706(a) provides a debtor with a one-time absolute right to convert a case filed under chapter 7 of the Bankruptcy Code to one under chapter 13.

II. JURISDICTION AND STANDARD OF REVIEW

The Bankruptcy...

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