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In re Grant

United States Bankruptcy Court, Ninth Circuit
Apr 20, 2010
09-48880 EDJ (B.A.P. 9th Cir. Apr. 20, 2010)

Opinion


In re: RONALD A. GRANT, Chapter 7, Debtor. No. 09-48880 EDJ. United States Bankruptcy Court, N.D. California. April 20, 2010.

          MEMORANDUM AND ORDER DENYING REQUEST FOR DISMISSAL

          EDWARD D. JELLEN, Bankruptcy Judge

         The above captioned case was filed under chapter 11 of the bankruptcy code on September 23, 2009. At a February 11, 2010 status conference, at which debtor failed to appear, the court converted the case to one under chapter 7 on its own motion. Ronald Grant, the above-named debtor (the "debtor") subsequently filed a "Request for Dismissal of Chapter 13 Case." Good cause appearing, it is

         ORDERED as follows:

         1. The request for dismissal is DENIED because the debtor's case is not one under chapter 13 of the bankruptcy code.

The court notes that, pursuant to 11 U.S.C. § 1307(b), even if this case were in chapter 13, prior conversion of the case from chapter 11 would preclude voluntary dismissal.

         2. Even if debtor's request were to be construed as a request for dismissal of the chapter 7 case, denial would nonetheless be appropriate because the court may dismiss a case under chapter 7 only after notice and a hearing, and only for cause. See 11 U.S.C. § 707(a).

         IT IS SO ORDERED.


Summaries of

In re Grant

United States Bankruptcy Court, Ninth Circuit
Apr 20, 2010
09-48880 EDJ (B.A.P. 9th Cir. Apr. 20, 2010)
Case details for

In re Grant

Case Details

Full title:In re: RONALD A. GRANT, Chapter 7, Debtor.

Court:United States Bankruptcy Court, Ninth Circuit

Date published: Apr 20, 2010

Citations

09-48880 EDJ (B.A.P. 9th Cir. Apr. 20, 2010)