Onyeabor v. Centennial Point Owners Association (In re Onyeabor)

Onyeabor v. Centennial Pointe Owners Ass’n, et al., Case No. 13-4037 (10th Cir. October 9, 2013) (unpublished)
Conversion is appropriate where plan makes no provision for repayment of prepetition secured claims, where Debtor’s income is insufficient to support her plan or even the Appellees’ judgment lien, and where Debtor fails to address Trustee’s objections.
Procedural context:
BAP affirmed Bankruptcy Court’s conversion of Debtor’s case from Chapter 13 to Chapter 7. Appeal followed and Tenth Circuit affirmed.
Appellees were secured creditors whose claim included prepetition judgments against Debtor. Appellees objected to Debtor’s Chapter 13 plan for failure to accurately disclose assets and liabilities, failure to provide for payment of Appellees’ secured claim and because plan was not feasible. The Trustee objected to the plan missing information, procedural violations, and improper deductions. A taxing authority objected because the plan did not provide for payment of prepetition taxes. Appellees filed a motion to covert or dismiss under § 1307(c) arguing that the case and plan were not filed in good faith. Debtor fired her attorney during the hearing and proceeded pro se.
Briscoe, Anderson, Brorby

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