United States Ninth Circuit

In a bankruptcy case interpreting the bounds of a petitioner's right to voluntarily dismiss a Chapter 13 petition, denial of a motion for reconsideration is affirmed where: 1) a debtor's right of voluntary dismissal under Bankruptcy Code section 1307(b) is qualified by the bankruptcy court's authority to deny dismissal in cases of bad faith or abuse of process; and 2) petitioner could show no prejudice resulting from the bankruptcy court's failure to provide adequate notice and hearing before converting the case to Chapter 7, as required by Bankruptcy Code sections 102(1) and 1307(c).

Appellate Information

• Argued 03/13/2008
• Decided 09/24/2008
• Published 09/24/2008

Judges

• Before:  B. FLETCHER and RICHARD A. PAEZ, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Rod McCarvel, Seattle, WA, for the debtor-appellant.


• For Appellees:
  
• David A. Gebben (argued), McCarty & Gebben, Bellevue, WA;  Bruce P. Kriegman, Bruce Kriegman Law Office, Seattle, WA, for the appellees.