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IN RE CAOLA

No. 08-28385 (MBK).

422 B.R. 13 (2010)

In re Victor CAOLA, Debtor.

United States Bankruptcy Court, D. New Jersey.

January 6, 2010.

Attorney(s) appearing for the Case

Joseph Albanese, Esq., Forked River, NJ, Attorney for the Debtor.

Albert Russo, Esq., Standing Chapter 13 Trustee, Robbinsville, NJ, Attorney for the Office of the Standing Chapter 13 Trustee.

OPINION

MICHAEL B. KAPLAN, Bankruptcy Judge.

INTRODUCTION

The essence of the dispute concerns the tension between two provisions of 11 U.S.C. § 1307, to wit, 11 U.S.C. § 1307(b) and (c), and how they apply to the Debtor's request to dismiss his pending Chapter 13 case. The standing Chapter 13 Trustee objects to dismissal, seeking instead conversion of the case to Chapter 7.

JURISDICTION

The court has jurisdiction...

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