Farnham, In re
Dec
20
2024
Ruling
Debtor's right to dismiss was superior to arguments concerning the debtor's eligibility for Chapter 13 as long as the case was not previously converted. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
Powell, In re--TICO Constr. Co. v. Van Meter
Oct
01
2024
Ruling
Bankruptcy court did not abuse its discretion by declining to resolve the creditor's challenge to the debtor's eligibility before granting his motion to dismiss. (9th Cir.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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:
Judge or Jurisdiction information not available
Farnham, In re
Sep
06
2024
Ruling
Creditors' request to vacate the bankruptcy court's order dismissing debtor's Chapter 13 case failed as debtor had an unambiguous right to voluntarily dismiss his case. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
Estrada, In re
Apr
16
2024
Ruling
Show cause order regarding a bankruptcy case that was incorrectly filed and dismissedwithout explanation was discharged. (Bankr. C.D. Cal.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
Powell, In re--TICO Constr. Co. v. Van Meter
Oct
21
2022
Ruling
Debtor had a right to dismiss his Chapter 13 case even in the face of allegations of bad faith orabuse of the bankruptcy process. (B.A.P. 9th Cir.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
Judge or Jurisdiction information not available
Canas, In re
Oct
18
2022
Ruling
Dismissal was appropriate as debtors remained in default of their plan after more than oneyear despite numerous assurances they would cure the plan arrearages. (Bankr. D. Me.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
Smith, In re--Smith v. U.S. Bank N.A.
Jun
09
2021
Ruling
Court ruled that district court abused its discretion when it held that the bankruptcy courtcould reinstate debtor's Chapter 13 case where debtor had moved to dismiss. (6th Cir.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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:
Judge or Jurisdiction information not available
Lash, In re
Feb
17
2021
Ruling
Any bad faith by debtors was exacerbated by the actions of their counsel and wasinsufficient to support a draconian sanction such as dismissal of their Chapter 13 case withprejudice. (Bankr. S.D. Ill.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
Fulayter, In re
Apr
22
2020
Ruling
A debtor’s absolute right to dismiss a Chapter 13 case is not subject to a bad actor exception.(Bankr. E.D. Mich.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
Cenk, In re--Cenk v. Cenk
Feb
26
2020
Ruling
Debtor's motion to dismiss his Chapter 13 case granted due to inability to fund plan. (Bankr.W.D. Pa.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
: