IN RE NICHOLS

No. 20-60043.

10 F.4th 956 (2021)

IN RE Donald Hugh NICHOLS; Jane Ann Nichols, Debtors, Donald Hugh Nichols; Jane Ann Nichols, Appellants, v. Marana Stockyard & Livestock Market, Inc.; The Parsons Company; Clay Parsons; Karen Parsons; Arizona Department of Revenue; Jill H. Ford, Chapter 7 Trustee, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 1, 2021.


Attorney(s) appearing for the Case

German Yusufov (argued), Yusufov Law Firm PLLC, Tucson, Arizona, for Appellants.

D. Alexander Winkelman (argued) and Frederick J. Petersen , Mesch Clark Rothschild , Tucson, Arizona, for Appellees.

Before: Diarmuid F. O'Scannlain, Richard A. Paez, and Mark J. Bennett, Circuit Judges.


OPINION

We must decide whether debtors in a Chapter 13 bankruptcy have the right to dismiss their case, regardless of the bankruptcy court's determination that they engaged in an abuse of the bankruptcy process.

I

A

Appellants Donald Hugh Nichols and his wife, Jane Ann Nichols (collectively...

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