Under section 1307(b) of title 11 of the United States Code (the “Bankruptcy Code”), a debtor has an absolute right to dismiss a Chapter 13 bankruptcy case. A bankruptcy case may be voluntarily filed under any chapter so long as the individual is eligible to be a debtor under the chapter selected. Section 1307(b) requires the court, on request of the debtor, to dismiss a Chapter 13 case if the case has not already been converted from Chapter 7 or Chapter 11.
This memorandum addresses a debtor’s right to dismiss a Chapter 13 case in three sections. Section one is a legal analysis of the plain language meaning of section 1307(b). Section two describes the current circuit split on the issue of a debtor having an absolute right to dismiss a Chapter 13 case. Finally, section three analyzes the current status of the law.