111, 113 (Bankr.D.Md.1990). In various contexts, a “party in interest” has been held to be one who has an actual pecuniary interest in the case, Kapp v. Naturelle, Inc., 611 F.2d 703, 706 (8th Cir. 1979); anyone who has a practical stake in the outcome of a ease, In re Amatex Corporation, 755 F.2d 1034, 1041-44 (3rd Cir.1985); and those who will be impacted in any significant way in the case, In re Johns-Manville Corp., 36 B.R. 743, 754 (Bankr.S.D.N.Y.1984).
In re Cowan, 235 B.R. 912, 915 (Bankr. W.D.Mo.1999). Clearly, the debtor has a pecuniary interest and practical stake in whether his own bankruptcy case should be dismissed and is, accordingly, a party in interest in that proceeding.
Appellant contends that allowing a debt- or in a case converted from chapter 7 to bring a motion to dismiss under § 1307(c) would contravene the Code. He argues that “[a] debtor should not be permitted to do in two steps (conversion, then dismissal motion) that which the debtor could not accomplish in one step (motion to voluntarily dismiss a Chapter 7 case).” Appellant’s Opening Br. at 9. Appellant is correct in his assertion that a chapter 13 debtor in a converted case should not be able to accomplish that which he could not accomplish in a chapter 7, that is, automatic dismissal of his case without court intervention or oversight. However, allowing a debtor to bring a motion to dismiss under § 1307(c) does not guarantee dismissal as such motion may only be granted after notice and a hearing. See Collier on Bankruptcy, 15th Ed. ¶ 1307.03[2] page 1307-9 (“There is no absolute right on the part of the debtor to obtain a dismissal of a case converted to chapter 13 from chapter 7, chapter 11, or chapter 12. Instead, the debtor, or any other party in interest, may request dismissal or conversion of the chapter 13 case pursuant to section 1307(e) or (d). The court, after notice and a hearing, may either dismiss, convert the case to chapter 7 or convert the case to chapter 11 or chapter 12 prior to confirmation of a chapter 13 plan.”)
Appellee is a “party in interest” within the meaning of § 1307(c) and had standing to bring a motion to dismiss his case under that section.
2. Did the Court Abuse its Discretion in Granting Appellee’s Motion to Dismiss Case?
Section 1307(c) provides that upon request of the United States Trustee or a party in interest, the court may, for cause, dismiss or convert a chapter 13 case “whichever is in the best interest of creditors and the estate.” In this case the equity in the Property might have been available to Appellee’s creditors had his Motion to Dismiss been denied. That equity would not be available to the creditors outside bankruptcy. Further, if the Ap-pellee were to file another bankruptcy, the equity that may have been available in this case would no longer be available, at least up to the $150,000 Arizona homestead exemption. The court nonetheless granted Appellee’s Motion to Dismiss because it found that compelling Appellee to remain in bankruptcy would result in “an unintended benefit to creditors by the [BAPC-PA] changes that they would not have had under state law.” The issue before this panel is whether the bankruptcy court should have considered this factor in deciding whether to grant Appellee’s Motion to Dismiss.
“When interpreting a statute, ‘[o]ur first step ... is to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in the case.’ Robinson v. Shell Oil Co., 519 U.S. 337, 340, 117