· 9/24/2008
Rosson v. Fitzgerald (In Re Rosson)
Citations
- 545 F.3d 764
- 60 Collier Bankr. Cas. 2d 587
- 2008 U.S. App. LEXIS 20233
- 2008 WL 4330558
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[a]fter Marrama ... the ‘absolute right’ position is no longer viable.”
- extending Marrama to a Chapter 13 debtor’s motion to dismiss, finding that the “‘absolute right’ position [was] no longer viable”
- finding implied exception to dismissal as a matter of right if the debtor was engaged in bad faith
- reviewing as final order converting case to a chapter 7 proceeding and denying request for dismissal
- rejecting debtor’s due process claim because he could “show no prejudice arising from the defective process afforded him”
- joining “all other courts of which we are aware that have considered the issue” in holding that an order converting a bankruptcy proceeding into one under Chapter 7 is appealable as a final order
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Paez, Schwarzer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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