Viegelahn v. Lopez
District Court, W.D. Texas
1Opinion of the Court
MEMORANDUM OPINION
Royce C. Lamberth, United States District Judge
This case comes before the Court on appeal from the March 10, 2015 Bankruptcy Court’s orders granting the debtors’ motion to voluntary dismiss their Chapter 13 case, and dismissing as moot the trustee’s motion to modify the confirmed plan. The trustee—the appellant here—argues that the Bankruptcy Court erred in permitting the debtors—the appellees—to dismiss their Chapter 13 case because the debtors acted in bad faith. The debtors argue that, under Chapter 13, they had an absolute right to dismiss their case, regardless of any…
2Cases cited23 opinions
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Law v. SiegelSupreme Court of the United States · 2014
- Harris v. ViegelahnSupreme Court of the United States · 2015
- Rosson v. Fitzgerald (In Re Rosson)Court of Appeals for the Ninth Circuit · 2008
- Bass v. DenneyCourt of Appeals for the Fifth Circuit · 1999
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3Cited by3 opinions
- In re DemeryUnited States Bankruptcy Court, W.D. Louisiana · 2017
- In re ElmsUnited States Bankruptcy Court, S.D. Ohio · 2019
- Eugene Raymond MarveUnited States Bankruptcy Court, E.D. Michigan · 2019