In Re Harper-Elder

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Chapter 13 was intended to be [a] purely voluntary chapter . . . .”
• “Chapter 13 was intended to be [a] purely voluntary chapter....”
• “It would be unfair to the debtor and counter to the spirit of the Code for the court to permit the creditor to avoid compliance with the involuntary petition provisions by utilizing the conversion language of chapter 13 to force the reluctant debtor into liquidation.”
• “[U]nlike the motion to convert, the court’s imposition of sanctions represents an exercise of the court’s inherent power to police the litigants, which is clearly contemplated by § 109(g) and in no way impinges on the debtor’s absolute right to dismiss.”
• § 1307(b) is mandatory — \shall” really means \shall.”

Source: CourtListener parenthetical corpus (CC0).