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IN RE LOONEY

Bankruptcy No. 7-86-00912-BKC-HPB.

90 B.R. 217 (1988)

In re Eddie D. LOONEY, Debtor.

United States Bankruptcy Court, W.D. Virginia, Big Stone Gap Division.

September 9, 1988.

Attorney(s) appearing for the Case

Robert T. Copeland, Copeland, Molinary & Bieger, Abingdon, Va., for debtor.

Michael L. Shortridge, Norton, Va., for Grundy Nat. Bank.

Jo S. Widener, Bristol, Va., trustee.

MEMORANDUM OPINION

H. CLYDE PEARSON, Chief Judge.

The issue before the court is whether a Chapter 13 debtor has an absolute right, on debtor's Motion, to have the case dismissed while a Motion to Convert it to Chapter 7 by the trustee is also pending.

The relevant facts are as follows: Creditor Grundy National Bank ("Grundy") incurred substantial attorney's fees arising out of claims it asserted against Eddie D. Looney ("debtor"). On June 13, 1988...

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