Skip to main content

§ 1112(b)(4)(P)

Rivera Guzman, In re

Ruling
Case was dismissed for debtor's continuously unexcused failure to comply with his pre andpost-petition domestic support ibligation payments. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes "Cause"; Nonpayment of Fees.

ABI Membership is required to access the full summary of Rivera Guzman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 15, 2018 , LexisNexis #0718-084

In re Melendez Perez

Ruling
Debtor's failure to maintain life insurance policy in favor of former spouse under divorce decree was not grounds for dismissal.
Issue(s)
Was debtor's obligation to pay life insurance in favor of former spouse a nondischargeable domestic support obligation?

ABI Membership is required to access the full summary of In re Melendez Perez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 16, 2014 , LexisNexis #0814-063

In re Perez

Ruling
Debtor's failure to make domestic support obligation payments was not grounds for dismissal.
Procedural posture

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and his ex- wife filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1112(b)(4)(P), claiming that the case had to be dismissed because the debtor failed to pay domestic support obligations he owed. The debtor opposed his ex-wife's motion.

ABI Membership is required to access the full summary of In re Perez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 11, 2013 , LexisNexis #0413-093

In re Jonas

Ruling
Case dismissed pursuant to failure to perform terms of stipulation regarding domestic support order or to file timely disclosures and confirm plan.
Procedural posture

A chapter 11 debtor's former spouse filed a motion to dismiss the debtor's case for cause under 11 U.S.C.S. § 1112(b)(4)(P) based on his failure to pay domestic support obligations ordered by a state court in their divorce. The debtor moved to extend time to file a chapter 11 plan and disclosure statement. Certain creditors filed a motion for reconsideration of a decision overruling their objection to the former spouse's claim.

ABI Membership is required to access the full summary of In re Jonas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 17, 2012 , LexisNexis #0812-027

Perlis v. Perlis (In re Perlis)

Ruling
Debtor's prepetition failure to maintain life insurance as required by divorce decree was not grounds for dismissal.
Procedural posture

Movant ex-wife filed a motion to dismiss or convert her ex-husband's ("debtor's") chapter 11 bankruptcy case pursuant to 11 U.S.C.S. § 1112(b)(4)(P), claiming that the debtor violated a domestic support obligation when he failed to pay premiums on a life insurance policy and allowed the policy to lapse. The debtor opposed the motion.

ABI Membership is required to access the full summary of Perlis v. Perlis (In re Perlis) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 10, 2012 , LexisNexis #0612-060