BANKRUPTCY LAW: According to 11 USC Sec. 1307 (b), “[o]n request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.”
A Chapter 13 bankruptcy debtor has the absolute right to dismiss her bankruptcy petition; there is no test for “bad faith,” or any other consideration, as long as the case has not been previously converted, for example, from Chapter 7 or Chapter 11.
Tico Construction Co. v. Van Meter (In re Powell), Bankruptcy Appellate Panel, Ninth Circuit; Appeal from the Bankruptcy Court for the District of Nevada; issued Oct. 21, 2022. Ordered Published.