For David M. Decker, Marilyn L. Decker, Appellants: Robert P. Crowther, LEAD ATTORNEY, Law Office of Robert Crowther, Anchorage, AK.
For U.S. Trustee's Office, Appellee: Thomas A Buford, III, LEAD ATTORNEY, United States Trustee Program, Seattle, WA.
For Larry D. Compton, Trustee: Larry D. Compton, LEAD ATTORNEY, Office of the Trustee, Anchorage, AK.
the District of Alaska of an Order Granting Motion to Convert Case to Chapter 11 entered in the bankruptcy case of Appellants David M. Decker and Marilyn L. Decker. The bankruptcy court's order converted the Deckers' Chapter 7 case to a Chapter 11 proceeding without the Deckers' consent. It is undisputed that the Deckers' debt is not primarily consumer debt. Oral argument on appeal was not requested, and the Court finds it was not necessary to the determination of this appeal. This Court has jurisdiction pursuant to 28 U.S.C. § 158(a)(1), which authorizes a district court to hear appeals from final judgments, orders, and decrees issued by the bankruptcy court. For the reasons discussed below, the bankruptcy court's determination will be affirmed.
The Deckers present three main challenges to the bankruptcy court's conversion order.
First, the Deckers contend that the bankruptcy court erred when it held that 11 U.S.C. § 706(b) authorized it to convert the Deckers' Chapter 7 proceeding to a Chapter 11 proceeding without the Deckers' consent. As this is a legal determination, this Court reviews the bankruptcy court's conclusion de novo.