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IN RE KEARNEY

BAP No. NM-20-033 Bankr. No. 17-12274.

625 B.R. 83 (2021)

Victor P. KEARNEY, Debtor. Victor P. Kearney, Appellant, v. Unsecured Creditors Committee, Louis Abruzzo and Benjamin Abruzzo, Trustees of the Mary Pat Abruzzo Kearney Testamentary Trusts B and C, and Kevin Yearout, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

March 12, 2021.

Attorney(s) appearing for the Case

Debbie E. Green ( Marcus A. Helt and Stacy Obenhaus with her on the brief) of Foley & Lardner LLP, Dallas, Texas for Appellant.

Thomas D. Walker ( Chris W. Pierce with him on the brief) of Walker Law PC, Albuquerque, New Mexico for Appellee Unsecured Creditors Committee.

Paul M. Fish ( Spencer L. Edelman with him on the brief) of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico for Appellees Louis Abruzzo and Benjamin Abruzzo, Trustees of the Mary Pat Abruzzo Kearney Testamentary Trusts B and C.

James A. Askew of Askew & White, LLC, Albuquerque, New Mexico for Appellee Kevin Yearout.

Before ROMERO, Chief Judge, SOMERS, and PARKER, Bankruptcy Judges.

OPINION

A debtor, understandably, wants to choose the chapter in which he proceeds under the Bankruptcy Code. And sometimes things change, requiring a debtor to change his or her initial choice. Debtors talk about an "absolute right to convert" giving them this choice to convert, and generally, bankruptcy courts...

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