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§ 1307(b)

In re Jacobsen

Dec
05
2007
Ruling
Chapter 13 debtor did not have absolute right to voluntary dismissal where best interests of creditors and estate warranted conversion to chapter 7.
Procedural posture

A debtor filed a voluntary petition under chapter 13, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a motion to convert the case to one under chapter 7, and the debtor filed a motion to dismiss the case pursuant to 11 U.S.C. § 1307(b). The trustee opposed the debtor's motion.

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Consumer opinion summary, case decided on December 05, 2007 , LexisNexis #0108-054
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In re Vantiger-Witte

Nov
06
2007
Ruling
Chapter 12 debtor could convert case to chapter 13.
Procedural posture

Though debtor filed a chapter 12 proceeding, no chapter 12 plan was confirmed. After selling the real estate to pay off secured creditors, debtor moved to convert to chapter 13. The trustee appeared and argued that there was no statutory authority for such a conversion. At issue was whether a chapter 12 debtor may convert to a chapter other than chapter 7.

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Consumer opinion summary, case decided on November 06, 2007 , LexisNexis #1207-070
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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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opinion summary, case decided on May 16, 2007 , LexisNexis #0707-051
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In re Livingston

Jan
03
2007
Ruling
Voluntary dismissal granted as failure to file feasible plan was not cause for conversion.
Procedural posture

A debtor filed a motion, pursuant to 11 U.S.C. § 1307(b), to voluntarily dismiss his chapter 13 bankruptcy case. A creditor filed a motion to convert the case to chapter 7. A bank filed a motion to dismiss the case.

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opinion summary, case decided on January 03, 2007 , LexisNexis #0307-053
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In re Cotton

Dec
23
2005
Ruling
Court denied the debtors their motion to dismiss a chapter 13 case and ruled that the best interests of the creditors were to have the case converted to chapter 7.
Procedural posture

Debtor commenced a chapter 13 case. Before the court were debtor's motion seeking to voluntarily dismiss the case, along with several other matters, to wit: a motion for relief from automatic stay filed on behalf of an estate, a motion for approval of settlement filed on behalf of debtor's former counsel in related state litigation, and the chapter 13 trustee's objection to confirmation of plan.

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opinion summary, case decided on December 23, 2005 , LexisNexis #0306-067
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