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Conversion or Dismissal
A debtor in a case under chapter 11 has
a one-time absolute right to convert the
chapter 11 case to a case under chapter 7
unless (1) the debtor is not a debtor in
possession, (2) the case originally was
commenced as an involuntary case under
chapter 11, or (3) the case was converted
to a case under chapter 11 other than
at the debtor's request. 11 U.S.C.
§ 1112(a).
A debtor in a chapter 11 case
does not have an absolute right to have
the case dismissed upon request.
Generally, upon the request of a party
in interest in the case or the United
States trustee, after notice and hearing
and "for cause," the court may convert
a chapter 11 case to a case under chapter
7 or dismiss the case, whichever is in
the best interest of creditors and the
estate. 11 U.S.C. § 1112(b). The court
may convert or dismiss a case "for
cause" when there is a continuing loss
to the estate, an inability to effectuate a
plan, unreasonable delay that is prejudicial
to creditors, denial or revocation of
confirmation, or inability to consummate
a confirmed plan.
There are important exceptions to
the conversion process in a chapter 11
case. One exception is that, unless the
debtor requests the conversion, section
1112(c) of the Code prohibits the court
from converting a case involving a
farmer or charitable institution to a liquidation
case under chapter 7.
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