In re Williams
Aug
18
2010
Ruling
Chapter 13 debtor had right to voluntary dismissal of case despite trustee's motion to convert case to chapter 7 for bad faith.
Procedural posture
The chapter 13 trustee moved to convert the debtor's case pursuant to 11 U.S.C.S. § 1307(c), to one under chapter 7, asserting that the debtor acted in bad faith by failing to disclose information about one of her assets, a medical malpractice claim. In response, the debtor moved to have her case dismissed as a matter of right, under 11 U.S.C.S. § 1307(b).
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Court
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In re Williams
Aug
09
2010
Ruling
Right to voluntary dismissal of chapter 13 case was not limited by alleged bad faith failure to disclose malpractice right of action.
Procedural posture
The Chapter 13 debtor moved to have her case dismissed, relying on 11 U.S.C.S. § 1307(b). The trustee moved to convert the case to one under Chapter 7, asserting that the debtor acted in bad faith by failing to initially disclose one of her assets, a medical malpractice lawsuit.
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Court
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Cusano v. Klein (In re Cusano)
Jun
25
2010
Ruling
Voluntary dismissal in case of former KISS band member properly conditioned upon two- year refiling bar and limited application of stay in any subsequent petition.
Procedural posture
Appellant debtor challenged an order of the United States Bankruptcy Court for the Middle District of Tennessee that imposed conditions on the voluntary dismissal of his chapter 13 case, barring him from refiling any voluntary petition under chapter 13 for two years, and limited the effect of the automatic stay under any petition for relief subsequently granted.
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Court
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Judge or Jurisdiction information not available
In re Hamlin
Mar
01
2010
Ruling
Dismissal of chapter 13 case on motion of debtors granted absent motion to convert or allegations of fraud.
Procedural posture
A chapter 13 trustee filed a motion to confirm the debtors' plan. The debtors objected, contending that the IRS had filed an amended claim significantly reducing its priority claim, and that the plan payments should be reduced. At a hearing, the debtors indicated that due to a significant change in circumstances, including reduced income, they wished to dismiss their case pursuant to 11 U.S.C.S. § 1307(b). The trustee objected.
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Court
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In re Ellis
Jun
02
2009
Ruling
Case filed in bad faith to frustrate former spouse's claim ordered dismissed rather than withdrawn after settlement.
Procedural posture
Debtor filed a voluntary petition in bankruptcy pursuant to chapter 13 of the Bankruptcy Code. Debtor moved to withdraw her chapter 13 petition. The trustee objected to the withdrawal, but recognized that debtor had a right to dismiss her case.
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Court
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In re Chabot
Apr
13
2009
Ruling
Chapter 13 case converted to chapter 7 due to bad faith of debtor who participated in fraudulent investment scheme.
Procedural posture
In a chapter 13 case, the chapter 13 trustee moved to convert the case to chapter 7. The debtor filed a motion to dismiss under 11 U.S.C.S. § 1307(b). The U.S. trustee filed a motion to convert the case to chapter 7 on the grounds that the debtor filed the case in bad faith.
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Court
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In re Letterese
Dec
02
2008
Ruling
Bad faith debtor not entitled to voluntary dismissal of chapter 13 case.
Procedural posture
After debtor filed a notice of voluntary dismissal of his chapter 13 case, several creditors filed motions to convert the case to a chapter 7. At issue was whether 11 U.S.C.S. § 1307(b) endowed debtor with an absolute right to dismiss regardless of whether allegations of bad faith conduct were pending against debtor.
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Court
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Rosson v. Fitzgerald
Sep
24
2008
Ruling
Bankruptcy court did not err in denying debtor's voluntary withdrawal of chapter 13 case on the eve of conversion to chapter 7 on grounds of bad faith.
Procedural posture
Appellant debtor challenged the decision entered by the United States District Court for the Western District of Washington that affirmed the bankruptcy court's denial of the debtor's request for voluntary dismissal of his Chapter 13 case under 11 U.S.C.S. § 1307(b).
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Court
:
Judge or Jurisdiction information not available
In re Polly
Aug
08
2008
Ruling
Chapter 13 debtor could voluntarily dismiss case at any time even when motion to convert to chapter 7 pending.
Procedural posture
A party in interest (PIA) filed a motion to reconsider an order, which granted a debtor's motion to dismiss the chapter 13 case, pursuant to 11 U.S.C.S. § 1307(b).
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Court
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In re Campbell
Dec
18
2007
Ruling
Debtor had absolute right to voluntary dismissal of chapter 13 case.
Procedural posture
A creditor of a chapter 13 debtor objected to the voluntary dismissal of the debtor's case pursuant to 11 U.S.C. § 1307(b) and sought to set aside the sale of the debtor's real property as unauthorized under 11 U.S.C. § 363.
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Court
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