Abdul H. Jabarin

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UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: ABDUL H. JABARIN 	: 	Chapter 7
:
Debtor 	: 	Bky. No. 07-10268ELF
:
:
O R D E R
AND NOW, Debtor Abdul H. Jabarin (“the Debtor”) having filed a motion to dismiss
this chapter 7 case without prejudice pursuant to 11 U.S.C. §707(a) (“the Motion”) on February
28, 2008;
AND, the Debtor having asserted in his Motion that as a result of confusion caused by
language differences, he failed to disclose to his bankruptcy counsel certain prepetition asset
transfers he made to his wife and children and that his decision to file for bankruptcy
consequently was made in error -- i.e., had he understood the potential impact bankruptcy might
have on these transfers, he would not have filed this case;
AND, the chapter 7 Trustee, Arthur Liebersohn (“the Trustee”), having filed an Answer
in opposition to the Motion on March 12, 2008;
AND, the court having heard argument on the Debtor’s Motion on April 2, 2008;
AND, the Trustee and the United States Trustee (“the UST”) having appeared at
argument to oppose the Debtor’s Motion;
AND, at the conclusion of argument, the court having taken under advisement the issue
of whether, accepting all of the Debtor’s factual assertions as true, the Debtor established cause
to dismiss this case voluntarily or whether an evidentiary hearing was required;
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AND, the Debtor, the UST and the Trustee having filed post-argument memoranda of law
on April 10, 15 and 24, 2008, respectively;
AND, the Trustee and/or the UST having raised in their memoranda certain issues
regarding potential prejudice to the Debtor’s creditors should this case be dismissed and the
Debtor’s good faith in filing this Motion;
AND, a chapter 7 debtor not having an absolute right to dismiss his case voluntarily, see
In re Smith, 507 F.3d 64, 72 (2d Cir. 2007); In re Boyce, 2006 WL 3061633 at *3 (E.D. Pa. Oct.
26, 2006);
AND, section 707(a) of the Bankruptcy Code providing that the court may dismiss a
chapter 7 case “only after notice and a hearing and only for cause.” 11 U.S.C. §707(a) (emphasis
added);
AND, courts having found that chapter 7 debtors may move for voluntary dismissal under
11 U.S.C. §707(a), see In re Hopkins, 261 B.R. 822, 823 (Bankr. E.D. Pa. 2001); see also In re
Smith, 507 F.3d at 72;
AND, the debtor having the burden of demonstrating cause to dismiss a chapter 7 case
voluntarily, see, e.g., In re Boyce, 2006 WL 3061633 at *3;
AND, “cause” not being a defined term in 11 U.S.C. §707(a);
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At this time, I do not decide whether a debtor has the burden of proving the absence of1
countervailing equitable concerns as part of his burden of proof in seeking to dismiss his chapter 7 case
voluntarily or whether, once a debtor makes an initial showing of "cause,” an objector must prove the
existence of countervailing equitable considerations to defeat the debtor's motion.
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AND, the task of determining whether sufficient cause exists being committed to the
bankruptcy court’s sound discretion, see e.g., In re Boyce, 2006 WL 3061633 at *4; In re
Heatley, 51 B.R. 518, 519 (Bankr. E.D. Pa. 1985);
AND, the court having concluded, upon consideration of the memoranda of law filed by
the parties and a review of the pertinent case law, that the determination of whether a chapter 7
debtor should be permitted to dismiss his or her bankruptcy case voluntarily requires an analysis
of the totality of the circumstances and that such analysis encompasses equitable considerations
including (but not limited to) whether the dismissal would be prejudicial to creditors, whether the
debtor is acting in good faith, and whether there has been a prejudicial delay in bringing the
motion;
AND, the objecting parties having raised certain equitable considerations in their post-
argument briefing and none of the parties having had the opportunity to establish and develop
those issues on an evidentiary record;1
AND, the court concluding that the evidentiary development of issues that would inform
decision on the Motion is necessary to the disposition of the Motion;
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It is hereby ORDERED that an evidentiary hearing on the Motion shall be held on
August 27, 2008, at 1:00 p.m., in Bankruptcy Courtroom No. 1, U.S. Courthouse, 900
Market Street, Philadelphia, PA.
Date: 	July 15, 2008
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
Counsel
Paul H. Young
Counsel for the Debtor
Michael H. Kaliner
Counsel for the Arthur P. Liebersohn, Trustee
Frederic J. Baker
David Klauder
Counsel for United States Trustee
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