9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

Ninth Circuit Bankruptcy Appellate Panel finds no “eligibility” exception to right to dismiss a Chapter 13 bankruptcy

Powell vs TICO Construction (In re Powell)
644 B.R. 181 (9th Circuit BAP, 2022)

ISSUE

Did the bankruptcy court err in granting Debtor’s motion to dismiss the Chapter 13?

RULING

No.

FACTS

This case tests the new “absolute right to dismiss” rule about Chapter 13 bankruptcies from the Ninth Circuit Court of Appeals Nichols . . .

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Hale Andrew Antico, Esq.

Bankruptcy Attorney in Los Angeles, CA

Hale Andrew Antico is honored to be chosen to serve his third term as President of cdcbaa, the largest association of Los Angeles bankruptcy attorneys dedicated to representing consumer debtors. Prior to that, he served as President of the Southern California Bankruptcy Inn of Court. He has been representing debtors filing Chapter 7 and Chapter 13 bankruptcy cases in the greater Los Angeles area for twenty years.

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