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IN RE HARDIGAN

No. 4:13-CV-00130-JRH. Bankruptcy No. 12-40484-LWD.

517 B.R. 374 (2014)

In the Matter of Kenneth R. HARDIGAN, Debtor. Suntrust Bank, Appellant, v. Kenneth R. Hardigan, Appellee.

United States District Court, S.D. Georgia, Savannah Division.

Signed September 19, 2014.

Attorney(s) appearing for the Case

Mark Ansel Bandy , Law Office of Mark A. Bandy, PC, Savannah, GA, for Trustee Benjamin R. Roach.

Mark Bulovic , Bulovic Law Firm, LLC, Savannah, GA, Catherine M. Palumbo , McCorkle & Johnson, LLP, Savannah, GA, for Appellee.

Robert M. Cunninghamm , HunterMaclean , Brunswick, GA, Edgar Murray Smith , Hunter Maclean, PC, Savannah, GA, for Appellant.

ORDER

J. RANDAL HALL, District Judge.

Suntrust Bank ("Appellant") appeals from the Bankruptcy Court's March 29, 2013 Order denying Appellant's and the United States Trustee's motions to convert Kenneth R. Hardigan's ("Appellee") Chapter 7 filing to a Chapter 11 or, in the alternative, to dismiss. Because the Bankruptcy Court did not err in refusing to convert the Chapter 7 case to one under Chapter 11 and did not err in applying the totality of the circumstances...

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