Marrama V. Citizens Bank of Massachusetts - Procedural History

Procedural History

At the hearing, Marrama explained that his misstatements about the Maine property were attributable to a “scrivener’s error” and claimed an absolute right to convert his claim from Chapter 7 to Chapter 13. The Bankruptcy Judge rejected these arguments. Marrama appealed to the Bankruptcy Appellate Panel for the First Circuit, which affirmed the lower court's ruling. On appeal from the panel, the full First Circuit Court of Appeals affirmed, rejecting the argument that §706(a) gives a Chapter 7 debtor an absolute right to convert to Chapter 13. Marrama appealed again to the Supreme Court. Because other circuit courts had issued contrary opinions, the Supreme Court granted certiorari to resolve the difference.

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