In re Navarro
Oct
19
2012
Ruling
Case dismissed where now deceased debtor failed to attend §341 meeting and proposed plan was not confirmable.
Procedural posture
A creditor holding a claim secured by a residence owned by debtor objected to debtor's proposed Chapter 13 plan, which plan was filed one day before debtor died. Issues included whether the plan was nonetheless confirmable, which was the outcome sought by debtor's next of kin, and whether the trustee's motion to dismiss, which was based on debtor's failure to attend the § 341 meeting of creditors and other factors, was properly granted.
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Court
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In re Marques
Sep
19
2012
Ruling
Debtor was ineligible under chapter 13 due to debts in excess of threshold limits.
Procedural posture
Secured creditors filed motions for relief from the automatic and a codebtor's stays.
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Court
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In re Rios
Aug
21
2012
Ruling
Case dismissed for unsecured debt in excess of limits once undersecured portion of secured claim was considered.
Procedural posture
Debtor endeavored to make a second attempt to reorganize, this time under chapter 13 of the Bankruptcy Code. A creditor filed a Motion for Relief from Stay. The matter at issue concerned the eligibility of debtor to reorganize under chapter 13 pursuant to 11 U.S.C.S. § 109(e). The court conducted a non-evidentiary hearing regarding debtor's eligibility.
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Court
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In re Branam
Aug
10
2012
Ruling
Case dismissed due to secured debt in excess of chapter 13 limits.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and an LLC that obtained a judgment against the debtor in state court filed a motion to dismiss debtor's the case for lack of jurisdiction under 11 U.S.C.S. § 109(e) and lack of good faith. The court held a hearing on the LLC's motion.
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Court
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In re Agrinsoni
Jun
26
2012
Ruling
Chapter 13 case ordered dismissed where debtor's business was a for profit professional corporation and not a d/b/a as asserted in petition.
Procedural posture
A creditor moved to dismiss a debtor's case based on his alleged ineligibility to serve as a Chapter 13 debtor pursuant to 11 U.S.C.S. § 109(e) because he operated a for profit professional services corporation and not a d/b/a as asserted in his voluntary petition.
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Court
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In re Denaeyer
May
08
2012
Ruling
Case dismissed due to unsecured debt in excess of chapter 13 limits.
Procedural posture
Chapter 13 trustee filed a motion to dismiss the debtor's case.
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Court
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In re Thalmann
Mar
13
2012
Ruling
Case ordered converted or dismissed as debt improperly identified as "disputed" put debtor over chapter 13 eligibility limit.
Procedural posture
Debtor filed a petition under chapter 13 of the bankruptcy code, and a judgment creditor and a receiver who was appointed by a Texas court to collect the judgment filed a joint motion to dismiss the debtor's case. The receiver also filed a claim in the amount of $ $347,001 against the debtor's bankruptcy estate, and the debtor filed an objection to the claim.
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Court
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In re Winters
Mar
12
2012
Ruling
Chapter 13 case dismissed due to liquidated noncontingent secured debt in excess of limits.
Procedural posture
A creditor filed a motion to dismiss chapter 13 debtor's case on the grounds that the debtor owed an unsecured debt to the creditor that exceeded the unsecured debt limit of $360,475 established by 11 U.S.C.S. § 109(e) for an individual to be eligible for chapter 13 relief.
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Court
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Cini v. Genesis Enters. (In re Cini)
Dec
14
2011
Ruling
Case dismissed due to unsecured debt in excess of limits.
Procedural posture
Debtor brought an adversary proceeding against creditor seeking to avoid transfers to the creditor. The debtor objected to the creditor's claim as unsubstantiated, and the creditor moved to dismiss the debtor's case as exceeding the unsecured debt limits for chapter 13 bankruptcy.
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Court
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In re Sullivan
Dec
12
2011
Ruling
Voluntary dismissal granted without prejudice where debtor was ineligible for chapter 13 relief at filing.
Procedural posture
This matter was before the court pursuant to debtor's motion to voluntarily dismiss his chapter 13 case. A creditor moved to have debtor's case dismissed with an injunction so that it could use all available state law remedies to seize debtor's non-exempt property.
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Court
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