Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).
Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.
Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.
National Conference of Bankruptcy Judges: A Perfect Storm: Events, Issues & Trends in Agricultural Bankruptcies
When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says.