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 a Los Angeles bankruptcy attorney. He has specialized in helping people start fresh for about 20 years. He has a 99%+ success rate with Chapter 7 bankruptcy cases and a Chapter 13 bankruptcy success rate twenty times the average for his district. Hale Andrew Antico graduated from California State University at Northridge with a degree in Psychology. After that, he graduated from Pepperdine University School of Law. He is active in the legal community. He serves or has served on the Board of Directors for two well-respected bankruptcy associations in the Los Angeles area. Firstly, in 2021 Los Angeles bankruptcy attorney peers chose him as President to serve a second term leading the CDCBAA, Los Angeles’ biggest group of bankruptcy lawyers. Secondly, he is a Past President of the James T King Bankruptcy Inn of Court for bankruptcy lawyers, trustees, and judges. Finally, he’s a longstanding member of NACBA, the nation’s largest group of bankruptcy attorneys.

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