By Academy Staff Section 1307(b) provides: On request of the debtor at any time, if the case has not been converted under Section 706, Section 1112, or Section 1208, the court shall dismiss a case under this chapter. This seemingly straightforward provision has generated significant litigation and produced multiple conflicting decisions. Does a Debtor have a right to dismiss a...
From the Editor – Property of Estate and Exemptions
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By The Honorable William Houston Brown (Retired)
New objection period only for those amended exemptions. Under Bankruptcy Rule 4003(b) and the majority of opinions applying it, the filing of an amended list of exemptions does not restart the objection period for original exemptions, with a new 30-day objection period applying only for those exemptions that were amended. In re Walker, 505 B.R. 217 (Bankr. E.D. Tenn. 2014).
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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the Western District of Tennessee, and he . . .
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