In re Quinn
Dec
29
2009
Ruling
Chapter 13 case was not filed in bad faith where debtors intentionally damaged home that was subject to sheriff's sale but acted in good faith towards all other creditors.
Procedural posture
Creditor sought to dismiss the debtors' chapter 13 proceeding as not being brought in good faith, pursuant to 11 U.S.C.S. § 1307(c). In the alternative, the creditor sought leave to amend its claim to include an additional unsecured claim. The cross-movant debtors requested approval to modify their chapter 13 bankruptcy plan, based on a debilitating back injury suffered by the debtor husband.
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Court
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