Debtors' attorney, Chris Johansen, filed a Notice of Dismissal of Chapter 13 Case on July 9, 1990 (Docket No. 27). Debtors have a confirmed plan in this case. The notice 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.

    1 ABR 35  (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, and 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 court determines the trustee and First National Bank of Anchorage should get notice of the intended dismissal so they can request a dismissal with prejudice if appropriate. 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)). First National Bank of Anchorage has incurred expense in contesting the confirmation, and should be heard on the dismissal motion, if it desires.

      IT IS ORDERED that First National Bank of Anchorage and the trustee shall have until Friday, August 3, 1990 to object to a dismissal without prejudice. If an objection is filed, a hearing will be held. If none is filed, the court will dismiss without prejudice.