Wendy Dale v. Algernon Lee Butler, III

May a bankruptcy court deny a Motion to Convert to Chapter 13 Bankruptcy on the basis of bad faith and inability to qualify as a Chapter 13 debtor where the bankruptcy court found that the pro se Chapter 7 debtor did not have means to propose a feasible Chapter 13 plan, but the bankruptcy court failed to request specific salary information or to con­ sider evidence of social security disability income in making such determination

May a bankruptcy court deny a Motion to Convert to Chapter 13 Bankruptcy on the basis of bad faith and inability to qualify as a Chapter 13 debtor where the pro se Chapter 7 debtor valued a pending lawsuit at $0.00, as of the date of petition, for which no discovery had been obtained and no settlement had been negotiated or offered and where the pro se debtor did not conceal any material information about the pending lawsuit from the Chapter 7 trustee?

What is the applicable standard under Bank­ ruptcy Rule 9019 under which a bankruptcy court may approve a compromise settlement of a pending lawsuit between a Chapter 7 trustee and a non-party to the bankruptcy, over the objection of the debtor who initiated the lawsuit against the non-party, without violating the debtor’s constitutional property rights?