No v. Gorman

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The Fourth Circuit reversed and remanded the bankruptcy court's dismissal of debtor's case, holding that the plain language of 11 U.S.C. 1307 required a hearing. The court held that Local Bankruptcy Rule 3070-1(C)'s procedure for dismissal of a voluntary bankruptcy case conflicted with the notice and hearing requirement of section 1307. Therefore, Local Bankruptcy Rule 3070-1(C) was invalid to the extent that it was inconsistent with section 1307's hearing requirement. View "No v. Gorman" on Justia Law