Shrenger

Shrenger v. Evans (In re Evans)

Good Law
253 F. App'x 681
United States Court of Appeals for the Ninth CircuitNovember 6, 2007Nos. 06-35350, 06-35790California508 words

Opinion

Lead Opinion

MEMORANDUM **

This case is before the Court on two consolidated appeals which arose out of the same bankruptcy litigation. Shrenger and Zheng (the “Appellants”) appeal from the judgment of the district court affirming the bankruptcy court’s approval of the Evans’ conversion of their bankruptcy to Chapter IB and from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s confirmation of the Evans’ Chapter 13 plan. We review de novo a district court’s or BAP’s decision to affirm a bankruptcy court’s order. Slack v. Wilshire Ins. Co. (In re Slack), 187 F.3d 1070, 1073 (9th Cir.1999); Leavitt v. Soto (In re Leavitt), 171 F.3d 1219, 1222 (9th Cir.1999).

The Appellants argue that the Ev-anses should not have been allowed to convert their bankruptcy case from Chapter 7 to Chapter 13 because the plan was not feasible as the Evans’ debts exceeded the statutory maximum, and because the conversion to Chapter 13 was done in bad faith. The feasibility of a plan is a factual question which an appellate court reviews for clear error. Acequia, Inc. v. Clinton (In re Acequia), 787 F.2d 1352, 1358 (9th Cir.1986). The bankruptcy court had evidence before it that…

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