In re Izen
Jul
20
2012
Ruling
Debtor's third chapter 13 case dismissed due to failure and inability to make plan payments.
Procedural posture
A chapter 13 trustee filed a motion to dismiss a debtor's case or convert to chapter 7 pursuant to 11 U.S.C.S. § 1307(c).
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Court
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In re Smigelski
May
03
2012
Ruling
Debtor suspended lawyer's case dismissed as filed without legitimate basis.
Procedural posture
A bankruptcy debtor's motion to convert his case from chapter 13 to chapter 11 was denied on the basis of the debtor's lack of good faith in filing the chapter 13 case and seeking conversion to chapter 11. The bankruptcy trustee moved to dismiss the debtor's case.
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Court
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In re ONeal
Apr
18
2012
Ruling
Plan could be confirmed over objection of former spouse where claim was for property settlement, not alimony, and could be compromised.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying his creditors. The debtor's ex-wife filed an objection to confirmation of the debtor's plan and asked the court to dismiss the debtor's case for "cause," pursuant to 11 U.S.C.S. § 1307(c), claiming that the debtor declared chapter 13 bankruptcy and filed his bankruptcy plan in bad faith. The court held a hearing on the ex-wife's claims.
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Court
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1200 Buena Vista Condominiums v. Young (In re Young)
Mar
30
2012
Ruling
Stay extended in debtor's second chapter 13 case within one year absent evidence of bad faith.
Procedural posture
Defendant condominium association filed a motion to dismiss plaintiff debtor's chapter 13 case for cause under 11 U.S.C.S. § 1307(c) and by implication, the debtor's adversary proceeding against the association, which sought to modify or avoid a lien held by the association against a condominium unit owned by the debtor. The debtor filed a motion to extend the automatic stay.
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Court
:
In re Figueroa
Mar
26
2012
Ruling
Case dismissed where debtor was in material default.
Procedural posture
A chapter 13 trustee filed a motion to dismiss pursuant to 11 U.S.C.S. § 1307(c), alleging that a debtor was in material default with respect to the terms of his confirmed plan.
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Court
:
In re Mehlhose
Mar
22
2012
Ruling
Debtor's third case dismissed as it was filed under chapter 7 without legitimate bankruptcy purpose prior to conversion to chapter 13.
Procedural posture
A creditor of chapter 13 debtors filed a motion to dismiss the debtors' case for cause under 11 U.S.C.S. § 1307(c), for a filing bar, and for sanctions.
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Court
:
De la Salle v. U.S. Bank (In re De la Salle)
Dec
12
2011
Ruling
Bankruptcy court properly denied confirmation due to improper modification of secured claim on residence and properly converted case to chapter 7.
Procedural posture
Chapter 7 debtors challenged decisions of the United States Bankruptcy Court for the Eastern District of California (1) denying confirmation of their second amended chapter 13 plan and (2) granting the motion of appellee bank to convert their chapter 13 case to one under chapter 7 pursuant to 11 U.S.C.S. § 1307(c).
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Court
:
Judge or Jurisdiction information not available
In re Nwonwu
Aug
12
2011
Ruling
Debtor's eighth chapter 13 case dismissed given inability to support plan.
Procedural posture
The chapter 13 trustee filed an objection to confirmation of the debtor's plan and a motion to dismiss the case for cause under 11 U.S.C.S. § 1307(c). A mortgage creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362.
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Court
:
In re Gambacorto
Aug
11
2011
Ruling
Case dismissed as filed to avoid payment of debt in two-party dispute.
Procedural posture
The creditors filed a motion to dismiss a chapter 13 debtor's case pursuant to 11 U.S.C.S. § 1307(c). The debtor filed a motion to quash a subpoena, and the creditors filed a cross- motion to enforce the subpoena.
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Court
:
Ellsworth v. Lifescape Med. Assocs. P.C. (In re Ellsworth)
Jul
29
2011
Ruling
Bad faith dismissal due to delays and failure to correct errors affirmed.
Procedural posture
Appellant Chapter 13 debtors, a married couple, challenged an order of the U.S. Bankruptcy Court for the District of Arizona granting a motion by movant, a judgment creditor of the wife, to dismiss the case with prejudice for cause under 11 U.S.C.S. § 1307(c)(1), § 1307(c)(3) and § 1307(c)(5), and for bad faith.
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Court
:
Judge or Jurisdiction information not available