Sarah No v. Thomas Gorman

DUNCAN, Circuit Judge:

The U.S. Bankruptcy Court for the Eastern District of Virginia dismissed Appellant's bankruptcy case without a hearing under Local Bankruptcy Rule 3070-1(C), 1 and the district court affirmed. Because the plain language of 11 U.S.C. § 1307 requires a hearing, we reverse and remand.

I

On November 30, 2016, Sarah Hyunsoon No filed a voluntary petition for Chapter 13 bankruptcy under § 301 of the U.S. Bankruptcy Code (the "Bankruptcy Code"). See 11 U.S.C. § 301 . On December 15, 2016, No filed her "Amended Chapter 13 Plan and Related Motions" with attachments ("Chapter 13…