- 11 U.S.C.
In re Dick
Jan
11
2008
Ruling
Motion to modify plan denied as filed less than 25 days prior to scheduled hearing.
Procedural posture
The debtors filed for bankruptcy relief under chapter 13 of the United States Bankruptcy Code, and a plan was confirmed in March 2006. In November 5, 2007, the chapter 13 trustee filed a motion to dismiss under 11 U.S.C. § 1307(c)(6). The debtors filed a motion to modify their plan.
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Court
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In re Campbell
Dec
18
2007
Ruling
Debtor had absolute right to voluntary dismissal of chapter 13 case.
Procedural posture
A creditor of a chapter 13 debtor objected to the voluntary dismissal of the debtor's case pursuant to 11 U.S.C. § 1307(b) and sought to set aside the sale of the debtor's real property as unauthorized under 11 U.S.C. § 363.
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Court
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Mondelli v. Greenberg
Dec
12
2007
Ruling
Bankruptcy court properly converted case to chapter 7 due to debtor's failure to comply with chapter 13 plan.
Procedural posture
Appellant debtor sought review of an order of the bankruptcy court converting his chapter 13 bankruptcy case into a chapter 7 bankruptcy case, which the court issued after determining that the debtor had failed to fulfill the obligations of his chapter 13 plan.
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Court
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In re Jacobsen
Dec
05
2007
Ruling
Chapter 13 debtor did not have absolute right to voluntary dismissal where best interests of creditors and estate warranted conversion to chapter 7.
Procedural posture
A debtor filed a voluntary petition under chapter 13, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a motion to convert the case to one under chapter 7, and the debtor filed a motion to dismiss the case pursuant to 11 U.S.C. § 1307(b). The trustee opposed the debtor's motion.
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Court
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In re Brown
Nov
29
2007
Ruling
Debtor with significant equity in residence not entitled to voluntary dismissal or plan modification based on decrease in monthly income.
Procedural posture
A debtor filed for bankruptcy relief under chapter 7 of the United States Bankruptcy Code and the matter was converted, pursuant to 11 U.S.C. § 706, to a proceeding under chapter 13. The debtor sought dismissal of her case pursuant to 11 U.S.C. § 1307(c).
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Court
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In re Dawson
Nov
20
2007
Ruling
Leave to file eighth bankruptcy case in seven year period denied due to lack of good faith.
Procedural posture
Chapter 13 debtor filed a motion requesting leave to file her eighth bankruptcy case.
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Court
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In re Vantiger-Witte
Nov
06
2007
Ruling
Chapter 12 debtor could convert case to chapter 13.
Procedural posture
Though debtor filed a chapter 12 proceeding, no chapter 12 plan was confirmed. After selling the real estate to pay off secured creditors, debtor moved to convert to chapter 13. The trustee appeared and argued that there was no statutory authority for such a conversion. At issue was whether a chapter 12 debtor may convert to a chapter other than chapter 7.
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Court
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In re Goodwin
Nov
02
2007
Ruling
Chapter 13 case dismissed rather than converted to chapter 7 where primary asset was owned by the entireties with nondebtor spouse.
Procedural posture
A bankruptcy debtor sought confirmation of his chapter 13 plan, but the bankruptcy trustee contended that the debtor's delinquency in current plan payments and proposed increase in payments indicated that the plan was not feasible. The trustee objected to confirmation of the debtor's plan pursuant to 11 U.S.C. § 1325(a)(6) and moved for conversion of the debtor's case to chapter 7 pursuant to 11 U.S.C. § 1307(c).
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Court
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In re Craighead
Oct
16
2007
Ruling
Case filed twelve days after dismissal of prior case dismissed with three-year filing ban due to bad faith.
Procedural posture
The United States Trustee and the chapter 13 trustee filed motions to dismiss the chapter 13 bankruptcy case of the debtor as a bad faith filing under 11 U.S.C. §§ 1307(c) and 349(a), and also sought the imposition of a five-year bar to any refiling by the debtor. The debtor sought dismissal of the case also.
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Court
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In re Short
Sep
11
2007
Ruling
Debtor's eighth case in ten years dismissed with prejudice due to lack of disclosure, poor treatment of unsecured creditors in plan and failure to appear to explain deficiencies.
Procedural posture
Debtors filed a chapter 13 petition. The U.S. Trustee ("UST") filed a motion to dismiss the chapter 13 case as to debtor wife only, with prejudice, pursuant to 11 U.S.C. § 1307(c).
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Court
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