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§ 1208(c)

Rogers, In re--Snider v. Rogers

Ruling
Trustee's motion to dismiss granted where debtor filed his chapter 12 case in bad faith. (Bankr.W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.

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Consumer opinion summary, case decided on January 25, 2018 , LexisNexis #0318-023

M.P.I. Ltd., In re

Ruling
Case was dismissed as debtor filed a plan which grossly failed to meet the requirements of achapter 12 bankruptcy. (Bankr. D. Haw.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest; Failure to Timely File Plan.

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Commercial opinion summary, case decided on August 17, 2017 , LexisNexis #0917-084

Milky Way Organic Farm, LLC, In re

Ruling
Creditors motions to dismiss bankruptcy cases granted as debtors' breach of severalrequirements of the stipulation and the debtors' plan payment default are each a materialdefault under the confirmed plan. (Bankr. D. Vt.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest; Material Default.

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Commercial opinion summary, case decided on February 14, 2017 , LexisNexis #0317-084

In re Victorious, LLC

Ruling
Debtor whose sole member was an LLC was not eligible under chapter 12 as a “familyfisherman.” (Bankr. D. Vt.)COLLIER BANKRUPTCY CASE UPDATE13
Issue(s)
Was debtor eligible under chapter 12 as a “family fisherman?”

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Commercial opinion summary, case decided on February 17, 2016 , LexisNexis #0916-132

In re Haffey

Ruling
Chapter 12 case dismissed due to debtor's failure to propose an amended plan or cooperate with the U.S. Trustee regarding deposition.
Issue(s)
Should chapter 12 case be dismissed based on debtor's inability to present a timely confirmable plan, a clear record of unreasonable and prejudicial delay, and a continuing loss to the estate without a reasonable likelihood of rehabilitation?

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Consumer opinion summary, case decided on June 05, 2015 , LexisNexis #1015-021

In re Pressley

Ruling
Case dismissed with 270-day filing bar due to unreasonable delay and prejudice to creditors as well as diminishment of estate and lack of hope of rehabilitation.
Issue(s)
Should debtor's third case filed under chapter 12 be dismissed?

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Consumer opinion summary, case decided on October 16, 2014 , LexisNexis #1114-056

In re Carroll

Ruling
Chapter 12 case dismissed due to prejudicial delays by debtors.
Issue(s)
Should debtors' third chapter 12 case be dismissed after five months where there was no prospect of a confirmable plan being filed?

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Consumer opinion summary, case decided on July 14, 2014 , LexisNexis #0814-133

In re Standley

Ruling
Delay in completing sale was not grounds for sanctions or dismissal
Issue(s)
Was debtor's delay in completing sale prejudicial to creditors and cause for sanctions.

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Consumer opinion summary, case decided on December 06, 2013 , LexisNexis #0114-030

In re Pressley

Ruling
Case dismissed due to continuing loss or diminution of estate and lack of likelihood of rehabilitation.
Issue(s)
Should case be dismissed because of continuing losses and an absence of a reasonable likelihood of rehabilitation?

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Consumer opinion summary, case decided on November 14, 2013 , LexisNexis #1213-097

In re Strickland

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