In re Davis
May
16
2007
Ruling
Debtor spouse had inherent right to voluntarily dismiss non-converted chapter 13 case.
Procedural posture
Debtors, husband and wife, filed for chapter 13 relief. Creditor IRS objected to confirmation because the wife had not filed federal employment tax returns in relation to a child care business she owned. The court confirmed the chapter 13 plan. A notice of voluntary dismissal was filed as to the wife. The court dismissed the case as to the wife. The IRS moved to set aside the order dismissing the case as to the wife.
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Court
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