Is Voluntary Dismissal of a Chapter 13 Case an Absolute Right?

By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Trustee (Memphis, TN) and Katherine L. Rea, Staff Attorney to Pamela Simmons-Beasley, Chapter 13 Trustee (Columbia, SC)

Is there ever a reason to oppose a voluntary dismissal of a chapter 13 that has not been converted from a chapter 7?

Maybe. But will you be successful? Probably not.

So then what are your other options? Sanctions!

Unpacking this dilemma starts, as always, with the Bankruptcy Code: Section 1307(b) provides that “[o]n request of the debtor at any time, if the case has . . .

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Critical Case Comment – 3002.1 and Reverse Mortgages

Henry E. Hildebrand, III

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Requirements and remedies in Rule 3002.1 apply to reverse mortgages as well as conventional mortgages; while discharge of Chapter 13 plan does not discharge a mortgage obligation treated pursuant to § 1325(b)(5), the court may prohibit prospective use of a nondisclosed obligation as grounds for a default. (Waites) In re Legare-Doctor, 2021 WL 5712149 (Bankr. D. S.C. Dec. 1, 2021)...

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On October 1, 2019, John G. Jansing was appointed Chapter 13 Standing Trustee for the Southern District of Ohio at Dayton. John took over from Jeff Kellner, who retired and moved to New Hampshire. John had some great mentors: Herb Beskin in Charlottesville, Marge Burks in Cincinnati and Faye English in Columbus. John toured Herb’s office in January 2020 and...

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Reconversion to Chapter 13 – Betwixt and Between?

Michael B. Joseph

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“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Portion of divorce award was priority domestic support claim and portion dischargeable unsecured claim. Applying Third Circuit’s factors from In re Gianakas, 917 F.2d 759 (3d Cir. 1990), and considering special master’s intent in divorce proceedings, one-third of former spouse’s claim was priority domestic support but two- thirds was reclassified as general unsecured...

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