Legal Opinion
In Re Gillion
District Court, E.D. Arkansas
Decided November 30, 1983No. LR-C-83-587, Bankruptcy No. LR 82-113PublishedCited by 24 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GEORGE HOWARD, Jr., District Judge.
The issue to be resolved in this appeal from the Bankruptcy Court for the Eastern District of Arkansas, Western Division, the Honorable Charles W. Baker, presiding, may be appropriately stated: whether a bankruptcy judge has discretion to deny a debtor’s motion to dismiss his Chapter 13 proceeding prior to the entry of an order of conversion to a Chapter 7 proceeding.
The Court holds that prior to an order of conversion, a bankruptcy judge has no discretion in ruling on a debtor’s motion to dismiss his Chapter 13 action.
I
The…
2Cases cited2 opinions
- Matter of HearnUnited States Bankruptcy Court, D. Nebraska · 1982
- In Re GillionUnited States Bankruptcy Court, E.D. Arkansas · 1983
3Cited by24 opinions
- Beatty v. Traub (In Re Beatty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Graven v. Fink (In re Graven)Court of Appeals for the Eighth Circuit · 1991
- Gaudet v. Kirshenbaum Investment Co. (In Re Gaudet)District Court, D. Rhode Island · 1991
- In Re GreenbergUnited States Bankruptcy Court, S.D. New York · 1996
- In Re RebeorUnited States Bankruptcy Court, N.D. New York · 1988
19 more not listed; retrieve them via the Exa API.