Debtor's attorney filed a Notice of Dismissal of Without Prejudice on September 21, 1990 (Docket No. 16). The trustee has a pending motion to dismiss or convert based upon debtor's missing three creditors meetings under 11 U.S.C. § 341. The debtor's notice of dismissal was filed under § 1307(b) of the Bankruptcy Code (11 U.S.C. § 1307(b)), which states:

(b) On request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.

(d) Procedure for Dismissal or Conversion

      A proceeding to dismiss a case or convert a case to another chapter, except pursuant to §§ 706(a), 707(b), 1112(a), or 1307(a) or (b), is governed by Rule 9014. Conversion or dismissal pursuant to §§ 706(a), 1112(a), or 1307(b) shall be on motion filed and served as required by Rule 9013. A chapter 13 case shall be converted without court order on the filing by the debtor of a notice of conversion pursuant to § 1307(a).

This rule was modified in 1987. The advisory notes indicate that a motion for dismissal under § 1307(b) is not automatically a contested matter under Rule 9014. No hearing is required unless the court directs one.

Rule 9013 states:

      A request for an order, except when an application is authorized by these rules, shall be by written motion, unless made during a hearing. The motion shall state with particularity the grounds therefor, and shall set forth the relief or order sought. Every written motion other than one which may be considered ex parte shall be served by the moving party on the trustee or debtor in possession and on those entities specified by these rules or, if service is not required or the entities to be served are not specified by these rules, the moving party shall serve the entities the court directs.

      The Chapter 13 statement lists a debt to the Internal Revenue Service of $36,000, various secured claims of about $62,000, and no unsecured debt. The court is concerned about allowing this case to be dismissed without prejudice in light of debtor's failure to live up the requirements of the Bankruptcy Code which requires attendance at a creditors meeting. Creditors have     1 ABR 177  been stayed for about five months while the debtor has failed to move this case toward confirmation. The court feels that this case should be dismissed with prejudice. See In re Vieweg, 80 B.R. 838, 840 (Bankr.E.D.Mich. 1987) and § 109(g) of the Bankruptcy Code (11 U.S.C. § 109(g)).

      Debtor should, however, be given an opportunity to show the court why the dismissal should be without prejudice.

      Therefore,

      IT IS ORDERED that

      1. This chapter 13 case is DISMISSED WITH PREJUDICE to refiling a bankruptcy petition within 180 days of the filing of this order pursuant to 11 U.S.C. §109(g).

      2. Notwithstanding the preceding paragraph, ¶ 1, the debtor is allowed until October 12, 1990 to file a motion for reconsideration in order to argue that dismissal should be without prejudice. If such a motion is filed, it should be served on the entire master mailing matrix along with a notice that any party opposing reconsideration may file an opposition to debtor's motion for reconsideration.