Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office
214-733-1775
972-608-0335
903-813-4778

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Debtor's right to dismiss the case

A recent Northern District of Texas case was heard where the bankruptcy court was asked to determine the ability of a Chapter 13 debtor to move for dismissal while a motion to convert the case to Chapter 7 was pending due to the debtor's bad faith.  The court concluded that the debtor's right to dismiss the case was absolute.

The Court began with the Ron Pair premise that plain meaning is conclusive except in those rare cases in which the literal application of a statute produces a result demonstrably at odds with the intent of its drafters.  The language of the statutes states that, "On the request of the debtor at any time, if the case has not been converted...the Court shall dismiss a case under this chapter."

Noting that "shall" is generally interpreted such that it gives judges no discretion, and that there is little uncertainty in the words "at any time," the court found the statute to be unambiguous and that the debtor was allowed to dismiss.

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
6060 North Central Expressway, Suite 602
Dallas, Texas 75206

Phone: 214-733-1775
Map & Directions