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IN RE ZAROWITZ

Bankruptcy Nos. 83-30318, 83-30319.

36 B.R. 906 (1984)

In re Hal ZAROWITZ and Barbara Zarowitz, Debtors. In re Stuart BUCHALTER and Ilene Buchalter, Debtors.

United States Bankruptcy Court, S.D. New York.

February 7, 1984.

Attorney(s) appearing for the Case

Saul D. Kassow, Fishkill, N.Y., for debtors.

Jeffrey L. Sapir, Yonkers, N.Y., Chapter 13 Trustee in Bankruptcy.

Rusk, Rusk, Plunket & Wadlin, Kingston, N.Y., for Key Bank of Southeastern New York, N.A.; John J. Wadlin, Kingston, N.Y., of counsel.

Cornelius Blackshear, U.S. Dept. of Justice, New York City, U.S. Trustee.

MEMORANDUM AND ORDER ON DEBTORS' MOTIONS TO DISMISS CASES PURSUANT TO 11 U.S.C. § 1307(b)

JEREMIAH E. BERK, Bankruptcy Judge.

The issue presented is whether Chapter 13 debtors may use Bankruptcy Code § 1307(b) to dismiss their case as of right in the face of a pending motion under § 1307(c) to convert their case to Chapter 7 liquidation. This Court holds that Chapter 13 debtors have an absolute right to dismiss their case pursuant to §...

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