· 6/16/2010
Jacobsen v. Moser (In Re Jacobsen)
Citations
- 609 F.3d 647
- 2010 U.S. App. LEXIS 12351
- 2010 WL 2388425
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- allowing conversion when a debtor files a motion to dismiss in response to a trustee’s motion to convert
- affirming order denying debtor’s motion to dismiss under subsection (b) and granting competing motion to convert under subsection (c) where debtor attempted to conceal assets from creditors
- holding “a bankruptcy court has the discretion to grant a pending motion to convert for cause under § 1307(c) where the debtor has acted in bad faith or abused the bankruptcy process and requested dismissal under § 1307(b) in response to the motion to convert.”
- \The decision to convert a Chapter 13 case to Chapter 7 under § 1307(c) ['for cause'] is reviewed for abuse of discretion.\
- “We construe § 1307(b) and (c)18 to permit a bankruptcy court to convert a case to Chapter 7 in lieu of dismissing the case under circumstances 18 Reading subsections (b) and (c
- right to dismiss under 1307(c) is not absolute
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Barksdale, Elrod
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.