Contrary to the procedure under some other chapters, a Chapter 7 debtor may not dismiss his case voluntarily without notice and an opportunity for hearing. A Chapter 7 case may be dismissed only for cause. Whether to grant a Chapter 7 dismissal is within the discretion of the Court. The Court must balance the interests of the debtor and creditors. Other factors to be weighed include the good faith of the debtor, whether the debtor is guilty of laches, and whether all creditors consent to the dismissal.
Equitable considerations are relevant only in the absence of dispositive legal arguments.
A Chapter 7 discharge is tantamount to a final judgment in the case and establishes the rights of the parties. A dismissal of a Chapter 7 case does not revoke a previously entered discharge. If a Chapter 7 case is dismissed after discharge, the debtor is still barred from getting another discharge until six years from the first petition date. Dismissing the case will not change Debtor's liability to Myers and it will not revoke the discharge of her other debts. Thus, there is no cause to dismiss her case at this late stage of its administration.