Drew W. Pelton

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	*
Drew W. Pelton 	* 	Case No. 	05-30372
* 	Chapter 	7
*
*
Debtor 	*
MEMORANDUM OF DECISION
This case comes before the court on the motion of the Debtor to reconvert this case from a case
under chapter 7 to a case under chapter 13. The motion is opposed by the United States Trustee. While
the issue of the discretionary power of the court to order reconversion to a case under chapter 13 is not
without dispute, it is hornbook law that the reconversion may not be accomplished automatically. In
the totality of the circumstances presented in this case, the court will enter an order allowing
reconversion.
In so doing, the court notes that nothing prevents the Debtor from dismissing the case and re-
filing under chapter 13. The chapter 13 Plan described by counsel of payments over $1300 a month
can provide a meaningful return to unsecured creditors as opposed to what appears to be a no asset case
under chapter 7. In so ruling, the courts notes that the debtor has been less than candid in his schedules,
and the trustee will keep a careful eye on the debtor who, given the extraordinary relief of re-
Date signed August 17, 2006
Entered: August 18, 2006 Case 05-30372 Doc 45 Filed 08/18/06 Page 1 of 2

conversion, is expected to proceed in this case under a punctilious standard of conduct.
The chapter 13 trustee shall schedule a meeting of creditors pursuant to 11 U.S.C. § 341(a), as
well as a hearing on confirmation of Debtor's Plan.
An appropriate order will be entered.
cc: 	Drew W. Pelton, 5450 Whitley Park Terrace, #607, Bethesda, MD 20814
Lawrence F. Regan, Jr., Esq., Garza, Regan & Assocs., 17 W. Jefferson St., Rockville, MD
20850
Chapter 7 Trustee
Chapter 13 Trustee
End of Order
Case 05-30372 Doc 45 Filed 08/18/06 Page 2 of 2