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IN RE POWELL

No. 22-60052.

119 F.4th 597 (2024)

IN RE: Jason Philip POWELL, Debtor, Tico Construction Company Inc., Appellant, v. William Albert Van Meter, Chapter 13 Trustee; Melissa Hooven, FKA Melissa Powell; Jason Philip Powell, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2024.

Attorney(s) appearing for the Case

Patrick S. O'Rourke (argued) and Louis E. Humphrey III, Humphrey O'Rourke PLLC, Reno, Nevada, for Appellant.

Michael G. Millward (argued), Millward Law Ltd., Minden, Nevada; William A. Van Meter, Chapter 13 Trustee, Reno, Nevada; Melissa Hooven, Pro Se, Minden, Nevada; for Appellees.

Christina L. Henry, Henry & DeGraaff PS, Seattle, Washington, for Amicus Curiae National Consumer Bankruptcy Rights Center.

Dissent by Judge Collins.

OPINION

Jason Powell filed a petition under Chapter 13 of the Bankruptcy Code. After several months of proceedings, Powell moved to voluntarily dismiss his case under 11 U.S.C. § 1307(b). Powell's former employer and a creditor in the proceedings—TICO Construction Company, Inc.— opposed dismissal...

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