Legal Opinion

In re Reece

United States Bankruptcy Court, W.D. Virginia

Decided August 20, 2013No. 11-51044PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

REBECCA B. CONNELLY, Bankruptcy Judge.

The question before this Court is whether the United States Trustee (UST) may proceed on her Motion to Dismiss pursuant to 11 U.S.C. §§ 707(b) and (a) when the ease was not originally filed under chapter 7. The debtors seek dismissal of the UST’s motion because, according to the debtors: (1) section 707(b) does not apply to cases converted to chapter 7; and (2) section 707(a) is inapplicable to dismiss a case for “bad faith.” The Court disagrees with the debtors. For the reasons described below, the Court concludes a case originally…

2Cases cited19 opinions

  1. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  2. Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
  3. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  4. Sebelius v. CloerSupreme Court of the United States · 2013
  5. Toibb v. RadloffSupreme Court of the United States · 1991

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3Cited by3 opinions

  1. In re BurgherUnited States Bankruptcy Court, D. Colorado · 2015
  2. In re SummervilleUnited States Bankruptcy Court, M.D. Florida · 2014
  3. Osvaldo AmaroUnited States Bankruptcy Court, N.D. Illinois · 2020

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