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§ 1208

In re Strickland

Mar
07
2013
Ruling
Case dismissed for unreasonable delay and bad faith.
Procedural posture

Debtor filed a petition under chapter 12 of the Bankruptcy Code, and a bank that held secured claims against property the debtor owned filed a motion to dismiss the debtor's case. Another bank joined the motion, as did the chapter 12 trustee.

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Consumer opinion summary, case decided on March 07, 2013 , LexisNexis #0413-063
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In re Nichols

Aug
31
2010
Ruling
Involuntary conversion from chapter 12 to chapter 7 denied as debtor's transfer to LLC appeared to be a legitimate estate planning move.
Procedural posture

After a debtor filed an individual, bare bones voluntary petition for Chapter 12 relief, a creditor who was a successor in interest to a bank sought conversion of the debtor's Chapter 12 case to one under Chapter 7 pursuant to 11 U.S.C.S. § 1208(d).

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Consumer opinion summary, case decided on August 31, 2010 , LexisNexis #1010-060
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Pertuset v. American Savs. Bank FSB (In re Pertuset)

Aug
24
2010
Ruling
Case of debtor with timber business was properly dismissed for failure to file a plan and the lack of a reasonable likelihood of rehabilitation.
Procedural posture

Pro se appellant bankruptcy debtors belatedly proposed a repayment plan which would be funded through liquidation of the debtors' interest in a maritime lien. The debtors appealed the order of the United States Bankruptcy Court for the Southern District of Ohio which granted the motion of appellee creditor to dismiss the debtors' case pursuant to 11 U.S.C.S. § 1208(c)(3), (9).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 24, 2010 , LexisNexis #0910-059
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Williamson v. Office of the United States Trustee

Mar
04
2009
Ruling
Conversion from chapter 12 to chapter 7 affirmed.
Procedural posture

Debtor challenged the bankruptcy court for the Southern District of Georgia's decision to grant appellee United States Trustee's 11 U.S.C.S. § 1208(d) motion to convert his chapter 12 case to chapter 7, and its contemporaneous denial of the debtor's 11 U.S.C.S. § 1208(b) motion to dismiss the case.

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Consumer opinion summary, case decided on March 04, 2009 , LexisNexis #0409-089
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Wiese v. Community Bank of Central Wis.

Oct
18
2007
Ruling
Bankruptcy court erred in ordering terms of chapter 12 plan to remain binding after voluntary dismissal.
Procedural posture

Appellant debtors appealed a decision of a Bankruptcy Court granting the debtors'motion for voluntary dismissal of their chapter 12 bankruptcy proceedings under 11 U.S.C. § 1208(b), but ordered under 11 U.S.C. § 349(b) that the terms of the confirmed plan should remain binding upon the parties notwithstanding the dismissal of the case.

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Consumer opinion summary, case decided on October 18, 2007 , LexisNexis #1107-055
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