Tico Construction Co. v. Van Meter (In re Powell)
Tico Construction Co. v. Van Meter (In re Powell), ___BR___ (B.A.P. 9th Cir. Oct. 21, 2022), appeal number 22-1014.9th Cir BAP says debtor has absolute right to dismiss a ch13 case, even if debtor was not eligible to file ch13. I can see some possibilities this ruling could be abused by a debtor who wants the automatic stay, but does not want to be stuck in bankruptcy, so files a Chapter 13 case, knowing debtor is NOT eligible for chapter 13, then later dismisses the Chapter 13 case, after having the bankruptcy automatic stay protecting the debtor for as long as possible.