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IN RE SASSO

BAP No. 08-080. Bankruptcy No. 07-10520-ANV.

409 B.R. 251 (2009)

Louis F. SASSO and Alicia A. Sasso, Debtors. Louis F. Sasso and Alicia A. Sasso, Appellants, v. John Boyajian, Chapter 13 Trustee, and Phoebe Morse, United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

July 31, 2009.

Attorney(s) appearing for the Case

Christopher M. Lefebvre, Esq., on brief for Appellant.

John Boyajian, Esq., on brief for Appellee, Chapter 13 Trustee.

Before LAMOUTTE, HILLMAN, and BOROFF, United States Bankruptcy Appellate Panel Judges.

BOROFF, Bankruptcy Judge.

Louis F. Sasso and Alicia A. Sasso (the "Debtors") appeal from an order of the bankruptcy court, entered October 6, 2008, denying their motion to dismiss their chapter 13 case (the "October 6 Order"). On appeal, the Debtors contend that the bankruptcy court erred in ruling that 11 U.S.C. § 1307(b) does not provide chapter 13 debtors with an absolute and unfettered right to dismiss their cases. The Debtors further argue that, even if...

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