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§ 1208

In re Parker

Ruling
Debtor’s right to dismiss chapter 12 case that had not been converted from another chapter wasabsolute and not negated by bad faith. (Bankr. E.D. Tenn.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

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Consumer opinion summary, case decided on November 10, 2016 , LexisNexis #1216-058

In re Loganbill

Ruling
Case converted to chapter 7 due to debtors’ fraud and nondisclosure. (Bankr. W.D. Mo.)
Issue(s)
Should chapter 12 case be dismissed or converted to chapter 7?

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Court :
Consumer opinion summary, case decided on August 01, 2016 , LexisNexis #0816-114

In re Ortiz Coln

Ruling
Conversion of case from chapter 12 to chapter 11 under § 1208 was precluded.
Issue(s)
May a chapter 12 case be converted into a chapter 11 under section 1208 of the Bankruptcy Code?

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Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #0716-056

In re Victorious, LLC

Ruling
Debtor whose sole member was an LLC was not eligible under chapter 12 as a “familyfisherman.” (Bankr. D. Vt.)COLLIER BANKRUPTCY CASE UPDATE13
Issue(s)
Was debtor eligible under chapter 12 as a “family fisherman?”

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Commercial opinion summary, case decided on February 17, 2016 , LexisNexis #0916-132

In re Haffey

Ruling
Chapter 12 case dismissed due to debtor's failure to propose an amended plan or cooperate with the U.S. Trustee regarding deposition.
Issue(s)
Should chapter 12 case be dismissed based on debtor's inability to present a timely confirmable plan, a clear record of unreasonable and prejudicial delay, and a continuing loss to the estate without a reasonable likelihood of rehabilitation?

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Consumer opinion summary, case decided on June 05, 2015 , LexisNexis #1015-021

Gugino v. Clarks Crystal Springs Ranch LLC (In re Clark)

Ruling
Order issued consolidating assets owned by LLC and family trust with the debtor's assets.
Issue(s)
Should assets of debtor be consolidated with those of an LLC and family trust where debtor engaged in financial transactions entangling the LLC and trust with his own affairs?

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Consumer opinion summary, case decided on December 30, 2014 , LexisNexis #0115-095

In re Pressley

Ruling
Case dismissed with 270-day filing bar due to unreasonable delay and prejudice to creditors as well as diminishment of estate and lack of hope of rehabilitation.
Issue(s)
Should debtor's third case filed under chapter 12 be dismissed?

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Consumer opinion summary, case decided on October 16, 2014 , LexisNexis #1114-056

In re Carroll

Ruling
Chapter 12 case dismissed due to prejudicial delays by debtors.
Issue(s)
Should debtors' third chapter 12 case be dismissed after five months where there was no prospect of a confirmable plan being filed?

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Consumer opinion summary, case decided on July 14, 2014 , LexisNexis #0814-133

In re Standley

Ruling
Delay in completing sale was not grounds for sanctions or dismissal
Issue(s)
Was debtor's delay in completing sale prejudicial to creditors and cause for sanctions.

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Consumer opinion summary, case decided on December 06, 2013 , LexisNexis #0114-030

In re Pressley

Ruling
Case dismissed due to continuing loss or diminution of estate and lack of likelihood of rehabilitation.
Issue(s)
Should case be dismissed because of continuing losses and an absence of a reasonable likelihood of rehabilitation?

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Consumer opinion summary, case decided on November 14, 2013 , LexisNexis #1213-097