Legal Opinion
In Re Zarowitz
United States Bankruptcy Court, S.D. New York
Decided February 7, 1984No. 19-10518PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON DEBTORS’ MOTIONS TO DISMISS CASES PURSUANT TO 11 U.S.C. § 1307(b)
JEREMIAH E. BERK, Bankruptcy Judge.
The issue presented is whether Chapter 13 debtors may use Bankruptcy Code § 1307(b) to dismiss their case as of right in the face of a pending motion under § 1307(c) to convert their case to Chapter 7 liquidation. This Court holds that Chapter 13 debtors have an absolute right to dismiss their case pursuant to § 1307(b), provided that the case was not filed for an improper purpose, was not filed in bad faith, and did not constitute an abuse or misuse of the bankruptcy…
2Cases cited5 opinions
- In Re BystrekUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
- In Re WhittenDistrict Court, District of Columbia · 1981
- In Re GillionDistrict Court, E.D. Arkansas · 1983
- In Re BenediktssonUnited States Bankruptcy Court, W.D. Washington · 1983
- In Re GillionUnited States Bankruptcy Court, E.D. Arkansas · 1983
3Cited by13 opinions
- Gaudet v. Kirshenbaum Investment Co. (In Re Gaudet)District Court, D. Rhode Island · 1991
- In Re GreenbergUnited States Bankruptcy Court, S.D. New York · 1996
- In Re RebeorUnited States Bankruptcy Court, N.D. New York · 1988
- In Re Harper-ElderDistrict Court, District of Columbia · 1995
- In Re PowersUnited States Bankruptcy Court, M.D. Louisiana · 1985
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