- 11 U.S.C.
Brian T., In re
Aug
11
2017
Ruling
Dismissal was appropriate as the debtor's were in default of the plan and a discharge couldnot be granted. (Bankr. E.D.N.Y.)
Issue(s)
Conversion or Dismissal; For Cause; Material Default.
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Court
:
- 11 U.S.C.
In re Payer
May
05
2016
Ruling
Case ordered converted or dismissed due to debtors' failure to make payments owed to first mortgage loan servicer under their plan.
Issue(s)
Should debtors' case be converted or dismissed due to failure to make all payments owed under their plan to the servicer for the first mortgage on their residence?
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Court
:
- 11 U.S.C.
In re Tumblson
Mar
08
2016
Ruling
Case dismissed due to debtor’s failure to make mortgage payments as required under plan.(Bankr. E.D. Okla.)
Issue(s)
Should debtor’s chapter 13 case be dismissed where debtor was at least 28 months delinquent in her direct-pay home mortgage payment?
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Court
:
- 11 U.S.C.
In re Clark
Feb
02
2016
Ruling
Chapter 13 case ordered converted due to debtor's violation of court order to appear for Rule 2004 examinations.
Issue(s)
Should debtor's chapter 13 case be converted to chapter 7 due to failure to appear at court ordered examinations?
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Court
:
- 11 U.S.C.
In re Ambrosius
Aug
17
2015
Ruling
Debtor's failure to make estimated tax payments on self-employment income throughout the length of the plan was not grounds for dismissal.
Issue(s)
Was debtor's failure to pay postpetition self-employment taxes as called for by chapter 13 plan cause for dismissal of debtor's case.
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Court
:
- 11 U.S.C.
In re Formaneck
Jul
13
2015
Ruling
Case dismissed as failure to make postpetition mortgage payments directly to creditor was a material default under debtor's chapter 13 plan.
Issue(s)
Should case be dismissed due to chapter 13 debtor's failure to make direct payments to secured creditor as specified in confirmed plan?
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Court
:
- 11 U.S.C.
In re Snow
Mar
11
2013
Ruling
Case dismissed with refiling injunction due to material default under plan.
Procedural posture
Before the court were (1) the trustee's motion to dismiss the case with a refiling injunction, (2) the trustee's motion to examine transactions between debtor and attorney, and (3) an application to employ, nunc pro tunc, an attorney.
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Court
:
- 11 U.S.C.
In re Morrison
May
26
2011
Ruling
Conversion to chapter 7 denied, despite lapse in agreed upon payments, in the best interests of chapter 13 debtors' creditors.
Procedural posture
A chapter 13 trustee filed a motion to convert the debtors' case to chapter 7 based upon their failure to stay current on post-petition tax liabilities, which constituted a material default under their plan and cause for conversion under 11 U.S.C.S. § 1307(c)(6). The debtors filed an objection.
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Court
:
- 11 U.S.C.
In re Grant
May
24
2010
Ruling
Case dismissed where debtor failed to complete plan within confirmed five-year term.
Procedural posture
A bankruptcy debtor's confirmed plan provided for full payment with interest to unsecured creditors over the five-year term of the plan, but the plan was not completed in five years and the debtor continued to make payments to the bankruptcy trustee. The trustee moved pursuant 11 U.S.C.S. § 1307(c)(6) to dismiss the debtor's bankruptcy case because the plan was in material default.
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Court
:
- 11 U.S.C.
In re Saunders
Mar
17
2008
Ruling
Case dismissed post-confirmation due to debtor's failure to tender all plan payments.
Procedural posture
The standing chapter 13 trustee moved to dismiss the case, pursuant to 11 U.S.C.S. § 1307(c), due to debtor's failure to tender all payments required by the terms of her confirmed plan. This motion was supported by secured creditor bank, which held a first mortgage lien on debtor's residence. Debtor opposed dismissal. Debtor moved to modify her confirmed plan under 11 U.S.C.S. § 1329. That motion was challenged by the bank and the trustee.
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Court
: