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NO v. GORMAN

No. 17-1679.

891 F.3d 138 (2018)

Sarah Hyunsoon NO, Debtor-Appellant, v. Thomas Patrick GORMAN, Trustee-Appellee. Paula Steinhilber Beran, Court-Assigned Amicus Counsel.

United States Court of Appeals, Fourth Circuit.

Decided: May 24, 2018.

Attorney(s) appearing for the Case

ARGUED: Paula Steinhilber Beran , TAVENNER & BERAN, PLC, Richmond, Virginia, Court-Assigned Amicus Counsel. Thomas Patrick Gorman , OFFICE OF THE CHAPTER 13 TRUSTEE, Alexandria, Virginia, Appellee. ON BRIEF: Marcelo R. Michel , OFFICE OF THE CHAPTER 13 TRUSTEE, Alexandria, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge Duncan wrote the opinion, in which Judge Agee and Senior Judge Shedd joined.

The U.S. Bankruptcy Court for the Eastern District of Virginia dismissed Appellant's bankruptcy case without a hearing under Local Bankruptcy Rule 3070-1(C),1 and the district court affirmed. Because the plain language of 11 U.S.C. § 1307 requires a hearing, we reverse and remand.

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