§ 1307(c)

In re Smigelski

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.
Ruling: 
Debtor suspended lawyer's case dismissed as filed without legitimate basis.
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Consumer case opionion summary, case decided on May 03,2012, LexisNexis #0612-030

In re ONeal

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.
Ruling: 
Plan could be confirmed over objection of former spouse where claim was for property settlement, not alimony, and could be compromised.
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Consumer case opionion summary, case decided on April 18,2012, LexisNexis #0612-133

1200 Buena Vista Condominiums v. Young (In re Young)

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.
Ruling: 
Stay extended in debtor's second chapter 13 case within one year absent evidence of bad faith.
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Consumer case opionion summary, case decided on March 30,2012, LexisNexis #0412-131

In re Figueroa

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.
Ruling: 
Case dismissed where debtor was in material default.
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Consumer case opionion summary, case decided on March 26,2012, LexisNexis #0412-097

In re Mehlhose

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.
Ruling: 
Debtor's third case dismissed as it was filed under chapter 7 without legitimate bankruptcy purpose prior to conversion to chapter 13.
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Consumer case opionion summary, case decided on March 22,2012, LexisNexis #0412-098

De la Salle v. U.S. Bank (In re De la Salle)

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).
Ruling: 
Bankruptcy court properly denied confirmation due to improper modification of secured claim on residence and properly converted case to chapter 7.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0212-063

In re Nwonwu

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.
Ruling: 
Debtor's eighth chapter 13 case dismissed given inability to support plan.
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Consumer case opionion summary, case decided on August 12,2011, LexisNexis #0911-097

In re Gambacorto

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.
Ruling: 
Case dismissed as filed to avoid payment of debt in two-party dispute.
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Consumer case opionion summary, case decided on August 11,2011, LexisNexis #0911-024

Ellsworth v. Lifescape Med. Assocs. P.C. (In re Ellsworth)

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.
Ruling: 
Bad faith dismissal due to delays and failure to correct errors affirmed.
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Consumer case opionion summary, case decided on July 29,2011, LexisNexis #0911-063

In re Balas

Pursuant to 11 U.S.C.S. § 1307(c), the United States Trustee (UST) moved to dismiss a joint chapter 13 bankruptcy petition filed under 11 U.S.C.S. § 302 by a same-sex couple legally married in the state of California.
Ruling: 
Defense of Marriage Act did not provide grounds for dismissal of joint petition filed by legally married same-sex couple.
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Consumer case opionion summary, case decided on June 13,2011, LexisNexis #0711-025

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