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

QUESTIONS PRESENTED 1. 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 consider evidence of social security disability income in making such determination 2. 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? ; 3. What is the applicable standard under Bankruptcy 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? : ii LIST OF PROCEEDINGS United States Court of Appeals for the Fourth Circuit No. 21-1221 , Wendy M. Dale Debtor-Appellant v. Algernon Lee . Butler, II, Trustee-Appellee ; Date of Final Opinion: August 26, 2021 United States District Court for the Eastern District of North Carolina No. 7:19-CV-254-BR Wendy M. Dale Appellant v. Algernon Lee Butler, Ill, Appellee Date of Final Order: November 17, 2020 Rehearing Denial: February 3, 2021 \ —— United States Bankruptcy Court Eastern District of. : North Carolina Southern Division No. 18-05448-5-SWH Chapter 7 In re: Wendy M. Dale Debtor ; Date of Final Order: December 9, 2019 Rehearing Denial: February 8, 2020