Legal Opinion
Raymond Ross v.
Court of Appeals for the Third Circuit
Decided June 6, 2017No. 15-2222PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
VANASKIE, Circuit Judge.
Raymond Ross appeals from a broad filing injunction issued against him by the Bankruptcy Court after he and his wife used the bankruptcy process to stave off the sheriffs sale of their home. Ross argues that, as a matter of law, a bankruptcy court may never issue a filing injunction against a Chapter 13 debtor who requests voluntary dismissal under 11 U.S.C. § 1307(b) because doing so would undermine the debtor’s statutory rights. We disagree, and hold that a bankruptcy court does indeed have the authority to issue a filing injunction even in the…
2Cases cited21 opinions
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Law v. SiegelSupreme Court of the United States · 2014
- Brightwell v. LehmanCourt of Appeals for the Third Circuit · 2011
- In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
- Rosson v. Fitzgerald (In Re Rosson)Court of Appeals for the Ninth Circuit · 2008
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Brian Davis v. Charles Samuels, Jr.Court of Appeals for the Third Circuit · 2020
- In re: Allergan Erisa v.Court of Appeals for the Third Circuit · 2020
- In re MarinariUnited States Bankruptcy Court, E.D. Pennsylvania · 2019
- In re ElmsUnited States Bankruptcy Court, S.D. Ohio · 2019
- 388 ROUTE 22 READINGTON HOLDING, LLC v. ATKINSONDistrict Court, D. New Jersey · 2021
19 more not listed; retrieve them via the Exa API.