Mohsen

Mohsen v. United States Trustee

Good Law
321 F. App'x 607
United States Court of Appeals for the Ninth CircuitApril 3, 2009No. 07-16016California347 words

Opinion

Lead Opinion

MEMORANDUM **

Amr Mohsen appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s order converting his Chapter 11 petition to *608 Chapter 7 pursuant to 11 U.S.C. § 1112 (b), rather than dismissing it. Mohsen also appeals from the order denying his motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review the decision of the BAP de novo, and the bankruptcy court’s decision to convert under § 1112(b) for abuse of discretion. Pioneer Liquidating Corp. v. United States Trustee (In re Consol. Pioneer Mortg. Entities), 264 F.3d 803, 806-07 (9th Cir.2001). We affirm.

Contrary to Mohsen’s contention, the bankruptcy court applied the proper legal standard in deciding whether to convert or dismiss his petition. See 11 U.S.C. § 1112 (b) (“[T]he court may convert a case under this chapter to a case under chapter 7 of this title or may dismiss a case under this chapter, whichever is in the best interest of creditors and the estate.... ”). The bankruptcy court did not abuse its discretion by converting the case because the evidence supports its finding that conversion was in the best interest of all the creditors…

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