NOT FOR PUBLICATION

ORDER DENYING DEBTOR'S MOTION TO CONVERT CHAPTER 7 CASE TO CHAPTER 13

ROBERT KWAN, Bankruptcy Judge.

The Debtor's Motion to Convert Case under 11 U.S.C. §§ 706(a) or 1112(a) (the "Motion"), filed by Khodadad Khorani (the "Debtor"), came on for hearing on January 24, 2017, at 2:30 p.m., in the above-entitled Court before the Honorable Robert Kwan, United States Bankruptcy Judge. Carmela T. Pagay of Levene, Neale, Bender, Yoo & Brill L.L.P. appeared on behalf of Timothy J. Yoo, the Chapter 7 Trustee (the "Trustee") for the Debtor's bankruptcy estate.Other appearances are as noted on the Court's record.

The Court, having considered the Motion, the opposition to the Motion and Request for Judicial Notice filed by the Trustee, the Debtor's reply, and the statements of counsel made at the hearing on the Motion, and good cause appearing therefor,

IT IS HEREBY ORDERED that the Motion is denied for the reasons stated by the Court on the record, and for the grounds stated and authorities cited in the Court's Order Denying Debtors' Motion to Convert Chapter 7 Case to Chapter 13 entered in In re Castillo, Case No. 2:12-bk-50300-RK, Electronic Case Filing Number 62, on January 18, 2017, that the evidence on the record of the motion, including Debtor's bankruptcy schedules regarding income and expenses, Schedules I and J, reflecting negative monthly net income, do not show sufficient income to make payments under a Chapter 13 plan to demonstrate eligibility to be in Chapter 13 as explained in Castillo. The denial of the motion is not with prejudice.

IT IS SO ORDERED.