In Re: Jason Powell v. William Van Meter

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: JASON PHILIP POWELL, No. 22-60052

Debtor, BAP No. 22-1014 ------------------------------

TICO CONSTRUCTION COMPANY OPINION

INC.,

Appellant,

v.

WILLIAM ALBERT VAN METER,

Chapter 13 Trustee; MELISSA HOOVEN, FKA Melissa Powell;

JASON PHILIP POWELL,

Appellees.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Faris, Lafferty III, and Brand, Bankruptcy Judges, Presiding

Argued and Submitted December 8, 2023 San Francisco, California IN RE: POWELL V. VAN METER

Filed October 1, 2024

Before: Daniel P. Collins, Danielle J. Forrest, and Jennifer Sung, Circuit Judges.

Opinion by Judge Sung; Dissent by Judge Collins

SUMMARY*

Bankruptcy

The panel affirmed the Bankruptcy Appellate Panel’s opinion affirming the bankruptcy court’s order granting Jason Powell’s motion to voluntarily dismiss his Chapter 13 case under 11 U.S.C. § 1307(b). TICO Construction Company, Inc., a creditor, opposed dismissal and moved to convert Powell’s case and compel him to proceed under a different chapter of the Bankruptcy Code. TICO asserted…