Nelson v. Meyer (In Re Nelson)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge:
The debtor appeals the order dismissing her chapter 13 case. We conclude, first, that the court did not comply with the two-step requirement of 11 U.S.C. § 1307(c) to determine “cause” and then to weigh the alternatives of conversion or dismissal based on the “best interests of creditors and the estate,” and, second, that § 1307(c)(5) “cause” based on denial of confirmation of a plan requires that the court allow the debtor an opportunity to revise the rejected plan. Hence, we REVERSE and REMAND.
FACTS
Appellant, Candie J. Nelson, filed the pro se chapter 13 case…
2Cases cited9 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos SotoCourt of Appeals for the Ninth Circuit · 1999
- In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
- Fidelity & Casualty Co. of New York v. Warren (In Re Warren)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Ho v. Dowell (In Re Ho)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
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- In Re TranUnited States Bankruptcy Court, N.D. California · 2010
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