Robert Marrama filed a voluntary bankruptcy petition under Chapter 7. In the filing, Marrama made a number

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Robert Marrama filed a voluntary bankruptcy petition under Chapter 7. In the filing, Marrama made a number of statements about his principal asset, a house in Maine, which were misleading or inaccurate. He reported that he was the sole beneficiary of the trust that owned the property and he listed its value as zero. He also denied that he had transferred any property other than in the ordinary course of business during the year preceding the filing of his petition. In fact, the Maine property had substantial value, and Marrama had transferred it into the newly created trust for no consideration seven months prior to filing his petition. Marrama later admitted that the purpose of the transfer was to protect the property from his creditors. The trustee stated that he intended to recover the Maine property as an asset of the estate. Thereafter, Marrama sought to convert to Chapter 13, claiming that he had an absolute right to convert his case from Chapter 7 to Chapter 13 under the language of the Bankruptcy Code. Both the trustee and Marrama's principal creditor objected, contending that the request to convert was made in bad faith and would constitute an abuse of the bankruptcy process. Explain whether Marrama should be permitted to convert the case to Chapter 13?
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Smith and Robersons Business Law

ISBN: 978-1337094757

17th edition

Authors: Richard A. Mann, Barry S. Roberts

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