IN RE COTTON

No. 92-8247.

992 F.2d 311 (1993)

In re Thomas E. COTTON, Debtor. Thomas E. COTTON, Plaintiff-Appellant, v. BANK SOUTH, N.A., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 28, 1993.


Attorney(s) appearing for the Case

Theodore Brown, Jr., Duncan A. Roush, Kilpatrick & Cody, Atlanta, GA, for defendant-appellee.

Before BLACK and CARNES, Circuit Judges, and RONEY, Senior Circuit Judge.


RONEY, Senior Circuit Judge:

The question presented on this appeal is whether a Chapter 12 debtor, who has agreed with a major creditor to a settlement that has not yet been confirmed by the bankruptcy court, has a right to an immediate dismissal of his case upon request under 11 U.S.C. § 1208(b). We hold that the debtor does have a right to immediate dismissal, provided that the case has not been converted to an involuntary proceeding and the debtor has not...

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