In ‘13,’ a Motion to Dismiss Must Precede Entry of a Conversion Motion, Circuit Says
The Sixth Circuit majority and dissent have an intriguing debate over appellate jurisdiction.
Two BAPs Now Uphold Sanctions Alongside Voluntary Dismissals Under Section 1307(b)
The Tenth Circuit BAP holds that dismissal is not automatic and immediate when a chapter 13 debtor moves to dismiss voluntarily under Section 1307(b).
An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment
An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment By Brett Weiss Historically, the Bankruptcy Code has not allowed creditors to force individuals to reorganize. A debtor must voluntarily choose to file under chapters 12 and
Benchnotes December 2025
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Third Circuit Discusses Equitable Authority to Appoint Receivers for Corporations, Ownership of Successor-Liability Claims In a consolidated appeal, the Third Circuit considered the issues of
Bad Faith Chapter 13 Debtor Permitted to Dismiss Is Tagged with a 2-Year Bar to Refiling
Bankruptcy Judge Meisel implores the Third Circuit to follow other circuits on dismissing bad faith debtors’ chapter 13 petitions but with bars to refiling.