In re Kaur

MEMORANDUM DECISION REGARDING DEBTOR’S MOTION TO DISMISS

Before the court is a motion filed by the debtor Gursev Kaur (the “Debtor”) to dismiss her chapter 7 case under 11 U.S.C. § 707 (a) 1 (the “Motion”). The Debtor contends that there is cause to dismiss the *283 case because all of the unsecured claims have been either paid outside of the bankruptcy case or settled and withdrawn. The trustee Jeffrey Vetter (the “Trustee”) objects to the Motion on the grounds, inter alia, that the estate has incurred substantial administrative expenses which it cannot pay without the successful prosecution of a pending adversary proceeding. 2 For the reasons set forth below, the Debtor’s Motion will be denied, and the case will remain active, provided the case may hereafter be dismissed at any time, without a further hearing, upon a showing that the Debtor and the Trustee have reached an agreement to provide for payment of the reasonable and necessary chapter 7 administrative expenses.

This memorandum decision contains the court’s findings of fact and conclusions of law required by Federal Rule of Civil Procedure 52(a), made applicable to this contested matter by Federal Rules of Bankruptcy…