- 11 U.S.C.
Baxter v. Lewis (In re Lewis)
Mar
27
2006
Ruling
Motion to dismiss the debtors'chapter 13 cases was denied since debtors qualified for plan confirmation and their inability to receive a discharge of their cases under section 1328(f)(1) did not establish a bad faith filing.
Procedural posture
Movant trustee sought dismissal of the petitions filed by respondent debtors, under chapter 13, based solely on 11 U.S.C. § 1328(f). The trustees contended that because the debtors were not eligible to receive a discharge upon the completion of any confirmed plan, the debtors were ineligible for chapter 13 relief.
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Court
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