§ 1307(c)

Frank v. Mannucci (In re Mannucci)

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").
Ruling: 
Chapter 13 case filed while debtor's chapter 7 case was pending dismissed for cause.
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Consumer case opionion summary, case decided on June 27,2013, LexisNexis #0813-099

In re West

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.
Ruling: 
Debtor's fifth chapter 13 case dismissed with prejudice for bad faith and abuse.
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Consumer case opionion summary, case decided on May 31,2013, LexisNexis #0713-029

In re Snow

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.
Ruling: 
Case dismissed with refiling injunction due to material default under plan.
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Consumer case opionion summary, case decided on March 11,2013, LexisNexis #0413-064

In re Marek

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.
Ruling: 
Case dismissed due to failure to make full disclosures and willful deception and concealment.
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Consumer case opionion summary, case decided on February 22,2013, LexisNexis #0313-099

Landis v. Ramos (Ramos)

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.
Ruling: 
Serial filer's fourth case dismissed with 180-day filing bar.
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Consumer case opionion summary, case decided on February 11,2013, LexisNexis #0713-131

In re Hogan

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.
Ruling: 
Confirmation denied and case dismissed due to filing for improper purpose.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0213-096

In re Krivitsky

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.
Ruling: 
Case converted to chapter 7 due to failure to pay postpetition domestic support obligation.
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Consumer case opionion summary, case decided on December 17,2012, LexisNexis #0213-097

In re Walker

Before the court was the chapter 13 Trustee's motion to dismiss, and debtor's motion to vacate the order confirming his plan.
Ruling: 
Debtor's motion to vacate confirmation to amend plan and provide creditors with preferential payment granted.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1212-096

In re Lehr

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.
Ruling: 
Case dismissed due to debtor's concealment of significant and material assets.
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Consumer case opionion summary, case decided on August 28,2012, LexisNexis #1012-096

In re Izen

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).
Ruling: 
Debtor's third chapter 13 case dismissed due to failure and inability to make plan payments.
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Consumer case opionion summary, case decided on July 20,2012, LexisNexis #0812-095

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