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§ 1307(c)

In re Formaneck

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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Consumer opinion summary, case decided on July 13, 2015 , LexisNexis #0815-028

In re Allegria

Ruling
Case dismissed due to debtor's bad faith actions with regard to interest in residence.
Issue(s)
Whether the debtor's voluntary conveyance of a one-half interest in residence, post-petition, without notice to the trustee or permission of the court, and debtor's failure to take any steps to liquidate the interest in favor of creditors are sufficient grounds to dismiss debtor's case?

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Consumer opinion summary, case decided on May 26, 2015 , LexisNexis #0615-133

In re Smith

Ruling
Dismissal of motion for conversion to chapter 7 denied where debtor's bad faith was established.
Issue(s)
Should trustee's motion for conversion of chapter 13 case to a chapter 7 case be dismissed?

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Consumer opinion summary, case decided on May 21, 2015 , LexisNexis #0615-101

In re Troppy

Ruling
Case converted to chapter 7 due to debtor's failure to make required filings and overall bad faith.
Issue(s)
Should chapter 13 case be converted to chapter 7 where debtor filed schedules and a statement of financial affairs that did not list all his assets, debts, and transfers he made, he had not filed a confirmable plan, and he filed and prosecuted his case in bad faith?

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Consumer opinion summary, case decided on March 10, 2015 , LexisNexis #0515-066

Schlegel v. Billingslea (In re Schlegel)

Ruling
Chapter 13 case properly dismissed where debtors completed monthly payments but did not pay promised percentage dividend.
Issue(s)
Whether a chapter 13 case may be dismissed for the debtors' failure to pay both the required plan payment and the approved percentage dividend to unsecured nonpriority creditors during the applicable commitment period?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 25, 2015 , LexisNexis #0315-135

In re Ballone

Ruling
Motion to vacate dismissal of chapter 13 case denied absent grounds.
Issue(s)
Should court vacate a final order of dismissal and reinstate chapter 13 debtor's case?

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Consumer opinion summary, case decided on February 05, 2015 , LexisNexis #0315-031

In re Parandeh

Ruling
Creditor with nondischargeable claim lacked standing to object to debtor's plan on grounds of feasibility and lack of good faith.
Issue(s)
Did creditor with clearly nondischargeable claim that did not file a timely proof of claim due to inadequate notice have standing to object to debtor's plan on grounds of feasibility and lack of good faith?

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Consumer opinion summary, case decided on January 28, 2015 , LexisNexis #0315-061

In re Cummings

Ruling
Confirmation denied due to lack of good faith where debtor sought to reduce domestic support obligation while continuing to pay divorce attorneys in full.
Issue(s)
Whether obligations arising under a mediation award and a related order from divorce court were domestic support obligations or property settlements and whether the debtors' case should be dismissed for lack of good faith?

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Consumer opinion summary, case decided on December 12, 2014 , LexisNexis #0115-067

Witkowski v. Boyajian

Ruling
Case properly dismissed due to failure to timely commence plan payments and failure to attend creditors' meeting.
Issue(s)
Was debtor's case properly dismissed due to failure to attend the creditors' meeting or commence plan payments?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 13, 2014 , LexisNexis #1214-065

In re Page

Ruling
Chapter 13 case dismissed for bad faith due to debtor's failure to pay two state court judgments owed to former spouse.
Issue(s)
Whether the debtors filed their petition in good faith?

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Consumer opinion summary, case decided on October 07, 2014 , LexisNexis #1014-137