Legal Opinion

Sasso v. Boyajian (Sasso)

Bankruptcy Appellate Panel of the First Circuit

Decided July 31, 2009No. BAP No. 08-080. Bankruptcy No. 07-10520-ANVPublishedCited by 17 opinions

1Opinion of the Court

BOROFF, Bankruptcy Judge.

Louis F. Sasso and Alicia A. Sasso (the “Debtors”) appeal from an order of the bankruptcy court, entered October 6, 2008, denying their motion to dismiss their chapter 13 case (the “October 6 Order”). On appeal, the Debtors contend that the bankruptcy court erred in ruling that 11 U.S.C. § 1307(b) does not provide chapter 13 debtors with an absolute and unfettered right to dismiss their cases. The Debtors further argue that, even if there were a bad faith exception to 11 U.S.C. § 1307(b), the bankruptcy court erred as it made no express finding that such an exception…

2Cases cited14 opinions

  1. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
  2. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  3. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  4. Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
  5. Bankr. L. Rep. P 74,609 in Re Public Service Company of New Hampshire, Debtor. Martin Rochman v. Northeast Utilities Service GroupCourt of Appeals for the First Circuit · 1992

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3Cited by17 opinions

  1. Adams v. ZarnelCourt of Appeals for the Second Circuit · 2010
  2. Jacobsen v. Moser (In Re Jacobsen)Court of Appeals for the Fifth Circuit · 2010
  3. AMERICREDIT FINANCIAL SERVICES, INC. v. TompkinsCourt of Appeals for the Second Circuit · 2010
  4. Aja v. Fitzgerald (In Re Aja)Bankruptcy Appellate Panel of the First Circuit · 2011
  5. Taylor v. Winnecour (In Re Taylor)United States Bankruptcy Court, W.D. Pennsylvania · 2011

12 more not listed; retrieve them via the Exa API.

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