You are here

Opinion 283

Case Name: 

In re Caldwell, 101 B.R. 728 (Bankr.D.Utah)

Judge: 
Judge Boulden
Date: 
Jun-9-1989
Case Number(s): 
88B-7175
Status: 

PUBLISHED

Body: 

Creditor moved for relief from stay, pursuant to 11 U.S.C. § 362(d)(1), and for conversion of debtor's chapter 12 case to a chapter 7 case, pursuant to 11 U.S.C. § 1208(d). The court held that sufficient cause did not exist to grant relief from stay, because creditor had not shown that it had or would suffer harm unless the stay was lifted. In considering § 1208(d), the court held that proof of fraud by clear and convincing evidence was required. The court then found from the evidence that debtor's failure to list assets in his chapter 12 statements and his failure to amend the statement to list assets accurately was intentional and constituted a continued pattern of concealment. Because chapter 12 debtors are given wide latitude in producing and effectuating their plans, with no court-approved disclosure statement, the court held that full disclosure by the debtor has a significantly expanded role in those cases. Finding that debtor's material misstatement of estate assets, coupled with his failure to amend the asset statement when omissions were discovered, indicated an intent to defraud the court and the creditors, the court granted creditor's motion to convert the case to chapter 7.

Internal Ref: 
Opinion 283
File: