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Topics:

Keywords: Chapter 13 . dismissal .

Topic #62:: Chapter 13: Debtor's right to have own case dismissed

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  • 2 Cases on This Topic
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Chapter 13 > Procedure

Chapter 13: Debtor's right to have own case dismissed

2 Cases , IssueID 62

Topic Description:

Lines of Cases:

A:

Debtor can move to have own case dismissed

B::

Request for dismissal can come only from trustee or judge
  • Type A = Debtor can move to have own case dismissed
  • Type B = Request for dismissal can come only from trustee or judge
  • Type E = "Everything Else"
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Cases for Zip , California Northern District Bankruptcy Court

Ninth Circuit Cases

No Ninth Circuit cases in database on this topic

Other Circuits

� In re Hamlin

Bankr. E.D.N.C. - No. 09-05272-8-SWH - 2010-03-01 - 13 ,

Google ID#: 6588907598400440055
(Type A : Debtor can move to have own case dismissed )

The debtor had absolute right to dismiss their Chapter 13 case.

� In re Armstrong

Bankr. E.D.N.Y. - 408 B.R. 559 - 2009-07-13 - 13 ,

Google ID#: 17142981757042785720
(Type A : Debtor can move to have own case dismissed )

Debtor signed a contract to sell her home after filing for Chapter 13 relief, and without court's approval. The court found that debtor did not act in bad faith however, so she was allowed to dismiss her case.

� In re Hamlin

Bankr. E.D.N.C. - No. 09-05272-8-SWH - 2010-03-01 - 13 ,

Google ID#: 6588907598400440055
(Type A : Debtor can move to have own case dismissed )

The debtor had absolute right to dismiss their Chapter 13 case.

� In re Armstrong

Bankr. E.D.N.Y. - 408 B.R. 559 - 2009-07-13 - 13 ,

Google ID#: 17142981757042785720
(Type A : Debtor can move to have own case dismissed )

Debtor signed a contract to sell her home after filing for Chapter 13 relief, and without court's approval. The court found that debtor did not act in bad faith however, so she was allowed to dismiss her case.

All Cases A to Z

  • In re Armstrong, 408 B.R. 559 , (Bankr. E.D.N.Y. ) 2009-07-13, #17142981757042785720
  • In re Hamlin, No. 09-05272-8-SWH , (Bankr. E.D.N.C. ) 2010-03-01, #6588907598400440055

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When you read a case, check to make sure that the case's decision applies to your local district. Do this by looking at which court has decided the case -- either the U.S. Supreme Court, a court of appeal (listed here in large type), or a district court (listed in small type).  Your local district court judge is not bound to follow the opinion of judges from other district courts, but often they look to these cases for advice. Your local district, however, is bound  to follow decisions in cases from it governing circuit court. You'll see fairly few Supreme Court case here, but those cases are also binding on all districts."

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This database does not contain every relevant case in every district on the topics covered; there are high priced services for that. This is free. It is offered to the public "as is" as an adjunct to the Nolo books, How to File Chapter 7 Bankruptcy, and Chapter 13 Bankruptcy: Keep Your Property and Repay Your Debts Over Time (10th Edition, 2010): which I co-author with attorney Stephen Elias.

This database is updated as time permits. Do not assume that it has the latest case in your district. We are still filling holes in the database -- and will always be. Use it as a place to start your reasearch, rather than the final answer to your question.

Some of these issues involve the discretion of the judge which can vary from judge to judge. So, even if you find a case just like yours where a judge went your way, as they say in the car biz, "your mileage may vary..."

If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.

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