From the Editor – Dismissal

By The Honorable William Houston Brown (Retired)

Absolute right to dismiss, but with sanctions. After a creditor moved to convert a Chapter 13 case to Chapter 7, the debtor moved for voluntary dismissal. The opinion examined the split of authority on whether the debtor has an absolute right to dismiss, finding that “the statutory language of the Code, and the conflicting case law addressing this issue, compel the Court to dismiss the Debtor’s chapter 13 case, rather than convert the Debtor’s case to one under Chapter 7 for bad faith.” Dismissal would put the . . .

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