In Re Dews

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that courts should examine the debtor’s motivation for conversion and whether a proposed plan could meet confirmation requirements before granting a motion to convert
• granting the debtor’s motion to convert to Chapter 13, notwithstanding the fact that the debtors were “primarily motivated to save their home from administration by the Trustee”
• recognizing no absolute right to conversion
• recognizing no absolute right to conversion
• debtors have no absolute right to convert and motions are subject to judicial review of debtor’s motives and likelihood that plan can be confirmed
• court should make determination regarding whether debtor is honestly trying to pursue repayment while retaining certain assets or to forestall collection efforts

Source: CourtListener parenthetical corpus (CC0).