had concealed valuable jewelry. See In re Alvarez, No. 10-45709, 2011 WL 5593176 (Bankr.S.D.Fla. Oct. 25, 2011). In response, the debtor moved to convert the case to a case under Chapter 13. The court in Alvarez denied the debtor’s motion to convert, finding that the debtor had made misleading statements in an effort to defraud creditors. Mercado and Alvarez provide useful examples of the kind of conduct that will result in the denial of a motion to convert. The Court is looking for proof of a materially false statement made with the purpose of defrauding creditors. 2. The Burden of Proof It is well established that when a debtor seeks to confirm her Chapter 13 Plan, the burden is on her to prove her good faith. 11 U.S.C. § 1325(a)(3); In re Smith, 328 B.R. 797, 801 (Bankr.W.D.Mo.2005) (<HOLDING>); see also In re Kearney, 439 B.R. 694, 697-98
holding that bad faith includes lack of good faith in investigating the facts of a complaint holding that the burden is on the plaintiff holding claimant has burden of demonstrating a good faith work search holding that while the creditor has the initial burden to produce some evidence of lack of good faith the ultimate burden is on the debtor to prove his good faith holding that the defendant did not establish good faith as a matter of law