Legal Opinion

Hickman v. Hana (In Re Hickman)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 20, 2008No. BAP No. SC-07-1422-KMkDo. Bankruptcy No. 07-02628PublishedCited by 24 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

The chapter 7 debtor, who developed “buyer’s remorse” when the trustee and creditors became aggressive, appeals the denial of his motion to dismiss his case. He contends his desire to return to state court and exercise his Seventh Amendment jury trial right against a creditor who sued him in bankruptcy trumps the effect of his having invoked equity by filing bankruptcy and provides compelling “cause” to dismiss under 11 U.S.C. § 707(a). We hold that, by filing the chapter 7 case, the debtor invoked equitable bankruptcy jurisdiction in which the Seventh Amendment…

2Cases cited26 opinions

  1. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  2. Katchen v. LandySupreme Court of the United States · 1966
  3. Barton v. BarbourSupreme Court of the United States · 1881
  4. Langenkamp v. CulpSupreme Court of the United States · 1991
  5. Bankr. L. Rep. P 75,430 in Re William J. McLaren Debtor. William Longo, Sr. v. William J. McLarenCourt of Appeals for the Sixth Circuit · 1993

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3Cited by24 opinions

  1. Adelson v. Smith (In Re Smith)United States Bankruptcy Court, D. Nevada · 2008
  2. In re: Paul Richard Cherrett and Colleen Courtney CherrettUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  3. In Re JabarinUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
  4. In Re HopperUnited States Bankruptcy Court, N.D. Illinois · 2009
  5. People's Capital & Leasing Corp. v. Big3D, Inc. (In Re Big3D, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010

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