Legal Opinion
Jacobsen v. Moser (In Re Jacobsen)
Court of Appeals for the Fifth Circuit
Decided June 16, 2010No. 09-40023PublishedCited by 78 opinions
1Opinion of the Court
KING, Circuit Judge:
Robert Edwin Jacobsen filed a petition for relief under Chapter 13 of the Bankruptcy Code. During Jacobsen’s bankruptcy case, the Chapter 13 Trustee moved to convert the case to Chapter 7 for cause under 11 U.S.C. § 1307(c). In response, Jacobsen moved to dismiss his case under 11 U.S.C. § 1307(b). Following a hearing, the bankruptcy court found that Jacobsen had acted in bad faith and abused the bankruptcy process, denied his motion to dismiss, and converted the case to Chapter 7. Jacobsen appeals, asserting that he has an absolute right to dismiss under § 1307(b) and,…
2Cases cited36 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Grogan v. GarnerSupreme Court of the United States · 1991
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
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3Cited by78 opinions
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- S. Beaulieu, Jr. v. Benjamin RagosCourt of Appeals for the Fifth Circuit · 2012
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