Filing Injunction • Section 1307(b) Voluntary Dismissal • Discretion of Court
In re Ross, PICS Case No. 17-1054 (3rd Cir. June 8, 2017) Vanaskie, J. (16 pages).
Bankruptcy court had the authority to issue a filing injunction against a debtor who requested voluntary dismissal under §1307(b) because nothing in the bankruptcy code said otherwise but the injunction the court issued was an abuse of discretion since it failed to explain its reasoning for an injunction that was far broader than the one sought by credit union bringing the action. Order vacated.
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