Legal Opinion
In Re Letterese
United States Bankruptcy Court, S.D. Florida.
Decided December 2, 2008No. 19-12202PublishedCited by 18 opinions
1Opinion of the Court
ORDER DENYING VOLUNTARY DISMISSAL AND GRANTING MOTION TO CONVERT CASE TO A CASE UNDER CHAPTER 7
JOHN K. OLSON, Bankruptcy Judge.
THIS CASE raises the interesting question of whether a debtor in chapter 13 has an absolute right to dismiss his ease in the face of a motion to convert the case to chapter 7 based on allegations of bad faith conduct. Recognizing the conflicting views on this issue, I conclude that a debtor does not have an absolute right under 11 U.S.C. § 1307(b) to voluntarily dismiss his case in the face of acts of bad faith. Because Peter D Letterese’s (the “Debtor”) conduct is…
2Cases cited18 opinions
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
- In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
- Rosson v. Fitzgerald (In Re Rosson)Court of Appeals for the Ninth Circuit · 2008
- Bankr. L. Rep. P 76,905 in Re Edward J. Molitor, Debtor. Edward J. Molitor v. Gary C. Eidson Jeffrey M. SchoenwetterCourt of Appeals for the Eighth Circuit · 1996
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jacobsen v. Moser (In Re Jacobsen)Court of Appeals for the Fifth Circuit · 2010
- Procel v. United States Trustee (In Re Procel)District Court, S.D. New York · 2012
- In Re ArmstrongUnited States Bankruptcy Court, E.D. New York · 2009
- In Re WilliamsUnited States Bankruptcy Court, N.D. Illinois · 2010
- Figueroa v. Barreto (In re Barreto)United States Bankruptcy Court, S.D. Florida. · 2013
13 more not listed; retrieve them via the Exa API.