In re Childress
Feb
11
2010
Ruling
Stay pending appeal granted on condition that debtor make payments to protect bank's interests.
Procedural posture
Debtor filed a petition under chapter 13, and a bank filed a motion for an order terminating the automatic stay and a motion for an order dismissing the debtor's case and enjoining the debtor from filing another case for 180 days. The court dismissed the debtor's case for cause, pursuant to 11 U.S.C.S. § 1307(c), the debtor filed a motion for an order staying the court's order pending appeal.
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Court
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In re Nutter
Jan
15
2010
Ruling
Debtor's fifth case dismissed with 180-day filing bar due to failure to amend plan, file tax returns or meet disposable income test.
Procedural posture
A chapter 13 trustee filed an amended motion to dismiss a debtor's case with prejudice due to the debtor's failure to, inter alia, amend the plan to provide for payment in full of the secured and priority claims, make plan payments, file federal income tax returns, and meet the disposable income test. A creditor filed a motion to show cause why the debtor should not be held in contempt for violation of a court order and for sanctions.
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Court
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In re Jenkins
Jan
05
2010
Ruling
Debtor's third chapter 13 case dismissed due to inability to make full plan payments.
Procedural posture
A creditor filed a motion for relief from the automatic stay and requested in rem relief as to a chapter 13 debtor's homestead. The creditor also requested that the court dismiss the case with prejudice to refiling for 270 days. The chapter 13 trustee filed a motion to dismiss the debtor's case for cause pursuant to 11 U.S.C.S. § 1307(c).
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Court
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Boyce v. Barnhart (In re Barnhart)
Jan
05
2010
Ruling
Case dismissed for bad faith where filed shortly after state court judgment and transfer of assets with inadequate disclosures.
Procedural posture
Movant creditor sought to dismiss the debtor's chapter 13 case, alleging that the petition was not filed in good faith and should be dismissed pursuant to 11 U.S.C.S. § 1307(c).
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Court
:
In re Quinn
Dec
29
2009
Ruling
Chapter 13 case was not filed in bad faith where debtors intentionally damaged home that was subject to sheriff's sale but acted in good faith towards all other creditors.
Procedural posture
Creditor sought to dismiss the debtors' chapter 13 proceeding as not being brought in good faith, pursuant to 11 U.S.C.S. § 1307(c). In the alternative, the creditor sought leave to amend its claim to include an additional unsecured claim. The cross-movant debtors requested approval to modify their chapter 13 bankruptcy plan, based on a debilitating back injury suffered by the debtor husband.
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Court
:
In re Smith
Oct
14
2009
Ruling
Debtor's filing of second chapter 13 case within one year of prior dismissal was not made in bad faith.
Procedural posture
The primary creditors of the debtors filed a motion to dismiss the debtors' chapter 13 petition, pursuant to 11 U.S.C.S. § 1307(c) and Fed. R. Bankr. P. 1017 and 9014. The debtors had filed a previous chapter 13 petition that had been dismissed within one year of the instant filing. The creditors held a secured interest via an installment contract with the debtors.
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Court
:
In re Allen
Oct
01
2009
Ruling
Chapter 13 case denied due to debtor's failure to make payments under plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. The court entered an order confirming the debtors' plan, and after the court issued its order, the chapter 13 trustee filed a motion to dismiss the debtors' case. The debtors filed objections to the trustee's motion and a motion to modify their plan.
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Court
:
In re Hieter
Mar
13
2009
Ruling
Case dismissed with filing bar due to debtor's abuse of bankruptcy process.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's petition with a bar to refiling. The trustee contended that the debtors, through their serial filings, attempted to manipulate the bankruptcy laws, and that their actions constituted an abuse of the bankruptcy process.
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Court
:
In re Maxfield
Feb
19
2009
Ruling
Chapter 13 debtor's pospetition tax delinquency was not per se cause for dismissal.
Procedural posture
The United States, acting on behalf of the I.R.S., moved to dismiss the debtor's chapter 13 case for cause pursuant to former 11 U.S.C.S. § 1307(c) (amended 2005) based on the debtor's failure to pay postpetition federal income taxes for three tax years. The bankruptcy court held a hearing on the motion.
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Court
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Oliver v. BankFirst Fin. Servs. (In re Oliver)
Feb
17
2009
Ruling
Chapter 13 case properly dismissed for bad faith where plan included payments on property that had been foreclosed.
Procedural posture
Appellant debtors sought review of the orders of the Bankruptcy Court for the Northern District of Ohio, which sustained appellee creditor's objections to their chapter 13 plan, denied confirmation, and dismissed their case.
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Court
:
Judge or Jurisdiction information not available