Marrama v. Citizens Bank of Massachusetts, 549 U.S. 365 (2007)

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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