By Professor M. Jonathan Hayes
Issue: Does a chapter 7 debtor have an absolute right to convert his case to chapter 13?
Holding: No.
Justice John Paul Stevens, 5-4. Stevens joined by Kennedy, Souter, Ginsburg, and Breyer. Alito dissented joined by Roberts, Scalia and Thomas.
Robert Marrama filed a chapter 7. He failed to disclose property in his schedules, failed to disclose a transfer and claimed a homestead exemption on property that he did not live in. Further, he lied at the 341 . . .
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