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Ridel Alegre Fernandez Rosado v. Celedonio Corredera Pablos

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Before Boroff, Deasy, and Bailey, U.S. Bankruptcy Appellate Panel Judges.

Ridel Alegre Fernandez Rosado (the “Debtor”) appeals from a judgment issued by the United States Bankruptcy Court for the District of Puerto Rico dismissing his case (the “Judgment”). The Debtor contends that the bankruptcy court erred in ruling on the motion to dismiss brought under § 707(a) as it had become moot due to his intervening discharge.*fn1 Alternatively, the Debtor argues that the bankruptcy court erred because bad faith does not constitute cause for dismissal under § 707(a). As the Panel concludes both that the appellees lacked standing to pursue dismissal and the motion to dismiss was moot, we REVERSE the Judgment and REMAND the matter to the bankruptcy court for proceedings consistent with this opinion.

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