When Things Don’t Go According to (the) Plan – §1307(b) Voluntary Dismissals: Be Careful What You Ask For Part 3

By Mark C. Leffler1, The Boleman Law Firm (Richmond, VA) (Special thanks to Editor Emily Connor Fort, Esq.)

Bankruptcy courts, when faced with dishonest Chapter 13 debtors, understandably wish to impose consequences in order to uphold standards of honest dealing and full disclosure. Many bankruptcy courts saw Marrama as giving them that power through §105(a) to use their inherent discretion to deny §1307(b) voluntary motions to dismiss for bad faith or abuse of process. A strong trend of denials of such motions was developing, and the absolute . . .

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