A Chapter 13 debtor’s right to dismiss is absolute even in the face of a creditor’s prior motion to convert to Chapter 7. In re de Lamadrid Perez, 2017 WL 1458857 (Bankr. D. Puerto Rico, April 24, 2017) (No. 12-2042).
Two of Julio Enrique Gil de Lamadrid Perez’s creditors moved the court to convert his Chapter 13 case to Chapter 7. Mr. de Lamadrid Perez opposed the motion and then moved to dismiss under section 1307(b). The creditors argued that a debtor’s right to voluntarily dismiss his bankruptcy case is limited once there has been a motion to convert. [Read more…] about Right to Dismiss Prevails Over Motion to Convert