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Case 1:20-bk-12043 Doc 436 Filed 09/18/20 Entered 09/18/20 15:58:33 Desc Main <br />Document Page 7 of 8 <br />interpreting In re Cooper, 426 F.3d 810 (6th Cir. 2005). There are only three other circumstances <br />where a debtor is precluded from exercising its right to convert from a case under chapter 11 of <br />the Bankruptcy Code to a case under chapter 7 of the Bankruptcy Code: (a) the debtor is not a <br />debtor in possession; (b) the case was originally commenced as an involuntary case under <br />chapter 11; or (c) the case was converted to a case under chapter 11 other than at the debtor's <br />request. 11 U.S.C. § 1112(a). <br />11. None of those exceptions are applicable in these Chapter 11 Cases and there am <br />no extreme circumstances warranties denial of the Motion. Importantly, at this time, the Debtors <br />believe conversion of these Chapter 1 i Cases to cases under chapter 7 is in the best interests of <br />the Debtors' estates and creditors. The Debtors have concluded that conversion is the best way <br />to minimize administrative costs and maximize recoveries for creditors. The Debtors belime <br />that, at this time, there is no reasonable likelihood that the Debtors could confirm and <br />consummate a chapter 11 plan, and respectfully submit that a chapter 7 trustee will be able to <br />more efficiently and effectively bring these cases to their conclusion. Accordingly, the Debtan <br />respectfully request that this Court enter the Conversion Order converting the Debtors' cam <br />from chapter 11 to chapter 7 effective as of the Conversion Date. <br />RESERVATION OF RIGHTS <br />12. The Debtors, the Committee, and the Debtors' pre -Petition Date secured lenders <br />are in discussions regarding the viability of a chapter 11 plan of liquidation. Accordingly, the <br />Debtors reserve the right to withdraw or modify this Motion and the Conversion Order prior to a <br />hearing on this Motion. <br />7 <br />