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IN RE MERRITT

Bankruptcy No. 81-00821G.

39 B.R. 462 (1984)

In re Frances E. MERRITT a/k/a Frances E. Howard Merritt, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

April 25, 1984.

Attorney(s) appearing for the Case

Patricia L. Smith, Hazel Mack, Community Legal Services, Philadelphia, Pa., for debtor, Frances E. Merritt a/k/a Frances E. Howard Merritt.

Warren T. Pratt, Drinker, Biddle & Reath, Philadelphia, Pa., for PSFS, the objector.

James J. O'Connell, Philadelphia, Pa., Standing Trustee in Chapter 13.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issues presented in the controversy at hand are whether a debtor's absolute right of dismissal of a chapter 13 proceeding is effected without court action, and, if it is not, whether we may delay the dismissal until the entry of an order protecting the rights of other parties which were acquired in reliance on the bankruptcy. For the reasons stated herein we find that the dismissal is effected only by the...

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