Case Summary:
Trustee objected to debtor’s voluntary dismissal of case. Court concluded that under 11 U.S.C. § 1208, the court “shall” dismiss a case upon the debtor’s request. The only basis for delaying dismissal would be an allegation of fraud on the debtor’s part, which was not raised by the trustee. A chapter 12 debtor has a right to the immediate dismissal of the case, without notice or a hearing, unless there is evidence that the debtor engaged in fraud which would render the dismissal unjust.
Statue/Rule References:
11 U.S.C. § 349 -- Dismissal
Key Terms:
Dismissal
Judicial Liens
Satisfaction of Judgment
File:
Judge:
Date:
Thursday, October 6, 1994