You are here

In re Derrick, Case No. 93-10404-12 (10/06/1994) -- Judge Thomas S. Utschig

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


Date: 
Thursday, October 6, 1994