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IN RE KEARNEY

BAP No. NM-20-033 Bankr. No. 17-12274.

625 B.R. 83 (2021)

Victor P. KEARNEY, Debtor. Victor P. Kearney, Appellant, v. Unsecured Creditors Committee, Louis Abruzzo and Benjamin Abruzzo, Trustees of the Mary Pat Abruzzo Kearney Testamentary Trusts B and C, and Kevin Yearout, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

March 12, 2021.

Attorney(s) appearing for the Case

Debbie E. Green (Marcus A. Helt and Stacy Obenhaus with her on the brief) of Foley & Lardner LLP, Dallas, Texas for Appellant.

Thomas D. Walker (Chris W. Pierce with him on the brief) of Walker Law PC, Albuquerque, New Mexico for Appellee Unsecured Creditors Committee.

Paul M. Fish (Spencer L. Edelman with him on the brief) of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico for Appellees Louis Abruzzo and Benjamin Abruzzo, Trustees of the Mary Pat Abruzzo Kearney Testamentary Trusts B and C.

James A. Askew of Askew & White, LLC, Albuquerque, New Mexico for Appellee Kevin Yearout.

Before ROMERO, Chief Judge, SOMERS, and PARKER, Bankruptcy Judges.

OPINION

A debtor, understandably, wants to choose the chapter in which he proceeds under the Bankruptcy Code. And sometimes things change, requiring a debtor to change his or her initial choice. Debtors talk about an "absolute right to convert" giving them this choice to convert, and generally, bankruptcy courts...

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