Greenberg

MEMORANDUM *

Harold Greenberg and his law firm (Appellants) appeal from the decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court’s dismissal of Fred L. Ditter, Sandra L. Ditter, and Fred Ditter & Associates’ (Debtors) Chapter 7 bankruptcy petition. We affirm.

We review for abuse of discretion the bankruptcy court’s grant of a voluntary motion for dismissal. Schroeder v. Int’l Airport Inn P’ship (In re Int’l Airport Inn P’ship), 517 F.2d 510, 511 (9th Cir.1975); Gill v. Hall (In re Hall), 15 B.R. 913, 917 (9th Cir.BAP 1981). A voluntary dismissal is proper unless it results in “plain legal prejudice” to the creditors. Id. (citing Int’l Airport, 517 F.2d at 512 ).

The bankruptcy court correctly determined that there was cause for dismissal, as required by 11 U.S.C. § 707 (a). It found that the bankruptcy case no longer served a purpose because (1) the estate’s assets had been depleted and (2) Debtors’ Chapter 7 discharge had been revoked. Those findings are supported by the record.

Furthermore, the bankruptcy court correctly concluded that Appellants had not established that they would suffer “plain legal prejudice” as a result of the dismissal.…