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IN RE LETTERESE

No. 08-19642-BKC-JKO.

397 B.R. 507 (2008)

In re Peter D. LETTERESE, Debtor.

United States Bankruptcy Court, S.D. Florida, Fort Lauderdale Division.

December 2, 2008.

Attorney(s) appearing for the Case

Charles D. Franken, Esq., Plantation, FL, for Debtor.

ORDER DENYING VOLUNTARY DISMISSAL AND GRANTING MOTION TO CONVERT CASE TO A CASE UNDER CHAPTER 7

JOHN K. OLSON, Bankruptcy Judge.

THIS CASE raises the interesting question of whether a debtor in chapter 13 has an absolute right to dismiss his case in the face of a motion to convert the case to chapter 7 based on allegations of bad faith conduct. Recognizing the conflicting views on this issue, I conclude that a debtor does not have an...

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