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In re Fisher (Case No. 14-61076) 3/19/2015

Debtor filed a motion to dismiss pursuant to section 1307(b).  Immediately after the debtor filed his motion, a creditor filed a motion to convert the case to Chapter 7 pursuant to section 1307(c).  After review of Law v. Siegel, the Court granted the debtor's motion to dismiss.  The Court denied the creditor's competing motion to convert,  but barred the debtor from filing a new petition for 180 days under section 109(g)(2) as sufficient nexus existed between a prior order granting relief from stay and the motion to dismiss.

Date: 
Thursday, March 19, 2015
Category: 
Bad Faith
Conversion and Dismissal
Dismissal
Relief from Stay
Chapter: 
13