Procel v. United States Trustee (In re Procel), 467 B.R. 297, 308 (S.D.N.Y. 2012) (Karas)

Applying Barbieri v. RAJ Acquisition Corp. (In re Barbieri), 199 F.3d 616 (2d Cir. Dec. 23, 1999) (Leval, Cabranes, Sack), debtor had absolute right to voluntarily dismiss. Marrama v. Citizens Bank of Massachusetts, 549 U.S. 365, 127 S. Ct. 1105, 166 L. Ed. 2d 956 (Feb. 21, 2007), “only held, after analyzing the interplay among §§ 706(a), 706(d), and 1307(c), that a debtor who has engaged in prepetition bad-faith conduct does not have an absolute right to convert from Chapter 7 to Chapter 13, because such a debtor would be disqualified from Chapter 13 relief under § 1307(c) . . . . Marrama was silent as to the absolute right to voluntarily dismiss under § 1307(b), and thus is arguably reconcilable with Barbieri.”

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