Advanced Control Solutions, Inc. v. Justice, 639 F.3d 838

Justice filed for bankruptcy protection under Chapter 13.
Advanced Control Solutions objected to Justice’s Chapter 13 plan.
Justice converted the case to Chapter 7 after objections.
The bankruptcy court found a presumption of abuse under 11 U.S.C. § 706(b)(2) and ordered reconversion to Chapter 13 or dismissal.
Justice consented to reconversion by moving to convert back to Chapter 13; the court granted the motion.
Advanced Control Solutions appealed to the district court, which affirmed; the funds disputed the reconversion authority.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §707(b)(1) authorizes reconversion to Chapter 13 after abuse is found	Advanced Control Solutions argues §707(b)(1) lacks reconversion mechanism.	Justice contends §707(b)(1) permits conversion with debtor consent when abuse is shown.	§707(b)(1) authorizes reconversion to Chapter 13 with consent.
Whether §706(a) controls reconversion and precludes §707(b)(1)	Advanced Control Solutions asserts §706(a) governs reconversion and blocks §707(b)(1) use.	Justice argues §706(a) is separate and not to override §707(b)(1).	§706(a) does not co-opt §707(b)(1) authority.
Whether Justice's consent to reconversion was effective	Advanced Control Solutions maintains consent was not properly obtained.	Justice consented by filing the reconversion motion.	Consent was effectively given; reconversion proper.

Ransom v. FIA Card Servs., N.A., 131 S. Ct. 716 (U.S. 2011) (means-test abuse may permit dismissal or conversion with debtor consent)
Marrama v. Citizens Bank of Mass., 549 U.S. 365 (U.S. 2007) (distinguishes between conversion rights and liquidation)
Resendez v. Lindquist, 691 F.2d 397 (8th Cir. 1982) (applies § 707(b)(1) to conversions)
Paracelsus Healthcare Corp. v. Philips Med. Sys., Nederland, B.V., 384 F.3d 492 (8th Cir. 2004) (statutory language governs, plain meaning controls)