Published on:

in re myers, 05-4882

3rd circuit
In re: Myers, No. 05-4882

District court affirms bankruptcy court’s dismissal of case due to bad faith filing despite claims that

  • bankruptcy court abused discretion by dismissing rather than allowing debtor to convert from chapter 13 to chapter 7
  • bankruptcy court abused discretion by retroactively nullifying the automatic stay
  • creditor actions which would have taken place after the automatic stay were void ab initio and could not be revived

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