4/12/2019

ABSOLUTE RIGHT TO DISMISS A CHAPTER 13 PER JUDGE KIMBALL In re: Case No. 18-25207-EPK ANNE-LAURE MARGUERITE MICHELIS, Chapter 13 , “The Court rules that a chapter 13 debtor’s right to voluntarily dismiss the case under section 1307(b) is absolute, even in the face of allegations of bad faith. The Court expressly adopts in full the discussion of the relevant case law and the analysis presented in In re Williams, 435 B.R. 552 (Bankr. N.D. Ill. 2010). See also In re Barbieri, 199 F. 3d 616 (2d. Cir. 1999).2 Section 1307(b) mandates dismissal on a debtor’s motion by using the words “at any time” and “shall.” Section 1307(b) limits this right only where the case has previously been converted from chapters 7, 11, or 12. The Court may not ignore the express language of the statute simply because a different interpretation might implement good policy. Section 105(a) “‘does not allow the bankruptcy court to override explicit mandates of other sections of the Bankruptcy Code.’” Law v. Siegel, 571 U.S. 415, 421 (2014), (quoting 2 Collier on Bankruptcy ¶105.01[2], p. 105-6 (16th ed. 2013)).” However, Judge Olson has a different view of a Chapter 13 debtor’s rights to dismiss and has in at least a couple cases involuntarily converted Chapter 13 cases to Chapter 7 on the basis of bad faith.