IN RE: THOMAS WILLIAM O’HARA, THOMAS WILLIAM O’HARA v. ANDREW R. VARA, United States Trustee for Region - Articles

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IN RE: THOMAS WILLIAM O’HARA, THOMAS WILLIAM O’HARA v. ANDREW R. VARA, United States Trustee for Region

Posted by: Azya Thornton on Feb 11, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Scott F. Smith, SMITH LAW GROUP, PLLC, Farmington Hills, Michigan, for Appellant.

Attorneys 2: ARGUED: Beth A. Levene, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Attorneys 3: ON BRIEF: Scott F. Smith, SMITH LAW GROUP, PLLC, Farmington Hills, Michigan, for Appellant.

Attorneys 4: ON BRIEF: Beth A. Levene, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Amy L. Good, UNITED STATES DEPARTMENT OF JUSTICE, Cleveland, Ohio, for Appellee.

Judge(s): MOORE, BUSH, and DAVIS, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

KAREN NELSON MOORE, Circuit Judge. Thomas O’Hara filed for Chapter 13 bankruptcy. At a hearing on the United States Trustee’s motion to dismiss, the bankruptcy court made clear its intent to convert the case to Chapter 7. But O’Hara did not move to dismiss his Chapter 13 case until after the bankruptcy court had entered its conversion order. The bankruptcy court denied both that motion to dismiss and O’Hara’s subsequent Rule 60(b) motion. The district court affirmed in its appellate capacity. For the reasons explained below, we hold that we have jurisdiction and AFFIRM the decision of the district court.

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