Legal Opinion

In Re Merritt

United States Bankruptcy Court, E.D. Pennsylvania

Decided April 25, 1984No. 19-10982PublishedCited by 24 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issues presented in the controversy at hand are whether a debtor’s absolute right of dismissal of a chapter 13 proceeding is effected without court action, and, if it is not, whether we may delay the dismissal until the entry of an order protecting the rights of other parties which were acquired in reliance on the bankruptcy. For the reasons stated herein we find that the dismissal is effected only by the entry of an order, that the dismissal may be delayed in the proper case for the entry of orders protecting certain rights, but that in this…

2Cases cited5 opinions

  1. Auto Auction, Inc. v. Pocklington (In Re Pocklington)United States Bankruptcy Court, S.D. California · 1982
  2. Matter of HearnUnited States Bankruptcy Court, D. Nebraska · 1982
  3. In Re BenediktssonUnited States Bankruptcy Court, W.D. Washington · 1983
  4. In Re GillionUnited States Bankruptcy Court, E.D. Arkansas · 1983
  5. Matter of EddisDistrict Court, E.D. Pennsylvania · 1984

3Cited by24 opinions

  1. In Re: Nina Marie Barbieri, Debtor. Nina Marie Barbieri, Debtor-Appellant v. Raj Acquisition Corp. Chapter 7 Trustee TrusteeCourt of Appeals for the Second Circuit · 1999
  2. Gaudet v. Kirshenbaum Investment Co. (In Re Gaudet)District Court, D. Rhode Island · 1991
  3. In Re GreenbergUnited States Bankruptcy Court, S.D. New York · 1996
  4. In Re Harper-ElderDistrict Court, District of Columbia · 1995
  5. In Re DilleyUnited States Bankruptcy Court, N.D. Ohio · 1991

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