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The Bankruptcy Judge rejected these arguments. Marrama appealed to the Bankruptcy Appellate Panel for the First Circuit, which affirmed the lower court's ruling. [3] On appeal from the panel, the full First Circuit Court of Appeals affirmed, rejecting the argument that §706(a) gives a Chapter 7 debtor an absolute right to convert to Chapter 13 ...
Even in cases where there is no presumption of abuse, it is still possible for a Chapter 7 case to be dismissed or converted. If the debtor's "current monthly income" is below the median income, as discussed above, only the court or the United States trustee (or bankruptcy administrator) can seek dismissal or conversion of the debtor's case. If ...
Chapter 7 of Title 11 U.S. Code is the bankruptcy code that governs the process of liquidation under the bankruptcy laws of the U.S. In contrast to bankruptcy under Chapter 11 and Chapter 13, which govern the process of reorganization of a debtor, Chapter 7 bankruptcy is the most common form of bankruptcy in the U.S. [1]
Pella developers Jeffrey and Tina Ewing filed for bankruptcy, but did not provide needed financial documents, so a judge dismissed their case.
A judge said Wednesday he was leaning toward throwing out Rudy Giuliani 's bankruptcy case after lawyers for the cash-strapped former New York City mayor and his biggest creditors — two ex ...
The case was argued before the Supreme Court on January 8, 1997. Walter E. Dellinger III , the acting Solicitor General of the United States , appeared as an amicus curiae , urging reversal. [ 5 ] The question presented was whether the protection of the Due Process Clause included a right to commit suicide and to do so with another's assistance.
The U.S. Supreme Court will hear oral arguments Monday in Harrington v.Purdue Pharma to determine whether a bankruptcy court can discharge claims against a party that did not itself file for ...
If the results of the means test show no disposable income (or in some cases a very small amount) then the individual qualifies for Chapter 7 relief. An individual who fails the means test will have their Chapter 7 case dismissed, or may have to convert the case to a Chapter 13 bankruptcy.