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· 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 CourtListener

Sourced 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.