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In re Whitaker

In re Whitaker

Ruling
Motion to dismiss the debtor's chapter 13 case was granted with prejudice to bar refiling for 180 days since the debtors acted in bad faith.
Procedural posture

Creditor, the holder of a second mortgage on debtor's residence, moved to dismiss debtors'chapter 13 case pursuant to 11 U.S.C. § 1307(c)(1) and to bar the debtors from refiling for 180 days, given debtors'admitted efforts to delay and hinder the creditor.

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opinion summary, case decided on November 17, 2005 , LexisNexis #0206-083