By The Honorable William Houston Brown (Retired)
Debtor did not have absolute right to dismiss. After the largest unsecured creditor, the debtor’s ex-wife, moved to convert Chapter 13 case, the debtor did not have absolute right to voluntarily dismiss; there was evidence of bad faith, and the debtor’s only motive for filing case was to avoid state court orders in marital dissolution and contempt proceedings. Conversion to Chapter 7 was in the best interests of creditors. The court discussed the split of authority on whether the debtor has the absolute right to dismiss . . .
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