In re Triumph Christian Ctr. Inc.
May
24
2013
Ruling
Debtor's second chapter 11 case filed after substantial consummation of first case and on eve of foreclosure dismissed for bad faith.
Procedural posture
After a bankruptcy debtor's plan of reorganization was substantially consummated, and shortly before a creditor's foreclosure sale of the debtor's property, the debtor filed a successive chapter 11 bankruptcy petition. The creditor moved to dismiss the second petition as an impermissible attempt in bad faith to modify the prior plan in violation of 11 U.S.C.S. § 1127(b).
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Court
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