United States Supreme Court

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Marrama v. Citizens Bank of Massachusetts, 05-996

In a bankruptcy case involving the issue of whether a debtor in a Chapter 7 proceeding, despite bad faith conduct, has an absolute right to convert under section 706(a) of the Bankruptcy Code, the Court rules that the courts in this case correctly held that the debtor forfeited his right to proceed under Chapter 13. The Court does not indicate with precision what conduct qualifies as "bad faith" sufficient to permit a bankruptcy judge to dismiss a Chapter 13 case or to deny conversion from Chapter 7, except to indicate the debtor's conduct must be atypical.

Appellate Information

  • Decided 02/21/2007
  • Published 02/21/2007

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  • United States Supreme Court

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