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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