In re Carter
Aug
07
2013
Ruling
Conversion to chapter 7 denied where nondisclosure of personal injury claim was inadvertent.
Issue(s)
Whether creditor was entitled to relief from stay to proceed against shopping center owned by nine consolidated debtors and two non-debtors..
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Court
:
Frank v. Mannucci (In re Mannucci)
Jun
27
2013
Ruling
Chapter 13 case filed while debtor's chapter 7 case was pending dismissed for cause.
Procedural posture
Before the court was a motion to dismiss the chapter 13 case (the "2012 Case") of respondents, debtors. The motion was filed by movant, the trustee in a pending chapter 7 bankruptcy case filed by debtors in 2007 (the "2007 Case").
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Court
:
In re West
May
31
2013
Ruling
Debtor's fifth chapter 13 case dismissed with prejudice for bad faith and abuse.
Procedural posture
A hearing was held on a court's order to show cause and on a creditor's motion for relief from stay regarding a chapter 13 debtor's exempt property.
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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
:
In re Marek
Feb
22
2013
Ruling
Case dismissed due to failure to make full disclosures and willful deception and concealment.
Procedural posture
Debtors declared chapter 13 bankruptcy two months after the court dismissed their chapter 12 bankruptcy case. Creditors filed a motion seeking an order under 11 U.S.C.S. § 1307(c) which converted the debtors' case to one under chapter 7 of the Bankruptcy Code or, in the alternative, which dismissed the debtors' case with prejudice pursuant to 11 U.S.C.S. § 349(a). The court held a hearing on the creditors' motion.
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Court
:
Landis v. Ramos (Ramos)
Feb
11
2013
Ruling
Serial filer's fourth case dismissed with 180-day filing bar.
Procedural posture
United States Trustee filed a complaint against chapter 13 debtor seeking to dismiss the chapter 13 case and to enjoin the debtor from filing another bankruptcy case for two years.
Issue(s)
Whether a chapter 13 bankruptcy case a debtor filed should be dismissed pursuant to 11 U.S.C.S. § 1307(c) because it was filed in bad faith, and whether the debtor should be enjoined from filing another bankruptcy case for two years.
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Court
:
In re Hogan
Jan
25
2013
Ruling
Confirmation denied and case dismissed due to filing for improper purpose.
Procedural posture
The chapter 13 trustee and a construction company, asked the court to dismiss the chapter 13 filed by defendant debtors, a married couple, per 11 U.S.C.S. § 1307(c) on the grounds that debtors had failed to obtain plan confirmation within a reasonable time and that the chapter 13 was filed for the imrpoer purposes of delaying certain state court proceedings and prolonging debtors' retention of a residence constructed by the company.
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Court
:
- 11 U.S.C.
In re Krivitsky
Dec
17
2012
Ruling
Case converted to chapter 7 due to failure to pay postpetition domestic support obligation.
Procedural posture
Before the court was the chapter 13 trustee's motion to convert the case to a case under chapter 7 of the Bankruptcy Code, relying primarily on 11 U.S.C.S. § 1307(c)(11), which provided for dismissal or conversion of a chapter 13 bankruptcy case for failure of a debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition. Debtor opposed the motion.
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Court
:
In re Walker
Sep
24
2012
Ruling
Debtor's motion to vacate confirmation to amend plan and provide creditors with preferential payment granted.
Procedural posture
Before the court was the chapter 13 Trustee's motion to dismiss, and debtor's motion to vacate the order confirming his plan.
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Court
:
In re Lehr
Aug
28
2012
Ruling
Case dismissed due to debtor's concealment of significant and material assets.
Procedural posture
Debtor filed a chapter 13 case and a chapter 13 Plan. An objection to confirmation was filed alleging the debtor's lack of good faith in filing her chapter 13 petition and calling for dismissal with prejudice under 11 U.S.C.S. §§ 1307, 349.
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Court
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