In re Mitchell (Case No. 12-70856) 01/30/2013
The chapter 13 trustee filed a motion to dismiss the debtor’s case or to convert it to a chapter 7 case on the ground that the amount of the debtor’s unsecured, liquidated and noncontingent debt on the date the case was filed makes her ineligible to proceed under chapter 13. Reviewing the debtor’s original schedules and the debtor’s amended schedules, the Court found the unsecured debt to exceed the statutory limits of 11 U.S.C. § 109(e). The Court thus granted the trustee’s motion to dismiss but stayed the ruling for fourteen days to permit the debtor to convert.