In re Russell
Aug
26
2006
Ruling
Chapter 13 case dismissed as filed in bad faith after creditor's claim was held nondischargeable in chapter 7 case already pending in another jurisdiction.
Procedural posture
After the debtors filed a voluntary chapter 13 petition and an amended plan, a creditor objected to confirmation of the amended plan on the basis that the debtors had not filed the proceeding in good faith, the plan was not proposed in good faith pursuant to 11 U.S.C. § 1325(a)(3), that all of the debtors' projected disposable income would not be applied to make plan payments pursuant to 11 U.S.C. § 1325(b)(1)(B).
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Court
:
In re Ragland
May
25
2006
Ruling
Court lacked jurisdiction over post-dismissal fee dispute between debtor and counsel.
Procedural posture
In two chapter 13 cases, counsel for debtors filed motions seeking to direct the chapter 13 trustee to pay them, for payment of outstanding legal fees, all funds received by the trustee from the debtors prior to the dismissal of their chapter 13 cases.
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Court
:
- 11 U.S.C.
In re Nelson
May
15
2006
Ruling
Order dismissing debtor's chapter 13 case was reversed since debtor was not given opportunity to request additional time to amend plan.
Procedural posture
Appellant bankruptcy debtor proposed a chapter 13 plan, but appellee trustee objected to the plan partly on the basis that the plan proposed only minimal payments with a minimal dividend for creditors. The debtor appealed the order of the Bankruptcy Court of the Northern District of California, which dismissed the debtor's case because the plan was not confirmable.
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In re Harvin
May
11
2006
Ruling
Motion to dismiss was granted due to omissions by debtor in schedules.
Procedural posture
Debtor filed a petition under chapter 13. Interested party, the trustee, filed a motion to dismiss the case with prejudice for three years pursuant to 11 U.S.C. § 1307(c) for debtor's bad faith failure to disclose assets and the delay in amending his schedules to disclose assets after their discovery.
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Court
:
- 11 U.S.C.
In re Petty
Feb
10
2006
Ruling
Trustee was denied a dismissal request since the trustee failed to show the debtors filed their plan in bad faith.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors'proposed plan. The basis for the trustee's objection was that the debtors have scheduled monthly charitable contributions, in the form of weekly tithes and offerings to his church, while only paying unsecured creditors approximately one percent of their claims over the life of the plan. The trustee also moved for dismissal of the case pursuant to 11 U.S.C. § 1307.
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Court
:
- 11 U.S.C.
Wellman v. Salt Creek Valley Bank (In re Wellman)
Jan
26
2006
Ruling
Dismissal of debtors'chapter 13 case was affirmed since a substantial deficit in plan payments showed the debtors had materially defaulted in performing under their plan's terms.
Procedural posture
Debtors appealed from the bankruptcy court's orders: (1) dismissing their chapter 13 case with prejudice; and (2) denying their motion to reconsider the order of dismissal. Appellee was a first lienholder on a parcel of unimproved land adjacent to debtors'residence.
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In re Cotton
Dec
23
2005
Ruling
Court denied the debtors their motion to dismiss a chapter 13 case and ruled that the best interests of the creditors were to have the case converted to chapter 7.
Procedural posture
Debtor commenced a chapter 13 case. Before the court were debtor's motion seeking to voluntarily dismiss the case, along with several other matters, to wit: a motion for relief from automatic stay filed on behalf of an estate, a motion for approval of settlement filed on behalf of debtor's former counsel in related state litigation, and the chapter 13 trustee's objection to confirmation of plan.
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Court
:
In re Weiss
Nov
02
2005
Ruling
Court granted creditor's motion for conversion to chapter 7 due to debtor's bad faith evidenced by misinformation and nondisclosures.
Procedural posture
A chapter 13 bankruptcy debtor supplied inaccurate or incomplete financial information even after amending the debtor's schedules several times. Creditors moved for conversion or dismissal of the debtor's petition pursuant to 11 U.S.C. § 1307(c) based on the debtor's bad faith in the bankruptcy proceedings and in the debtor's proposed plan of reorganization.
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Court
:
In re Howard
Oct
31
2005
Ruling
Nonpayment of filing fees in prior bankruptcy cases was not grounds for dismissing the current case.
Procedural posture
Debtor filed a chapter 13 petition. The debtor had filed two previous Chapter 7 bankruptcies, in both of which the debtor failed to pay the required fees, and the cases were dismissed. The debtor owed $335.00 to the court. The bankruptcy clerk asked the court to dismiss the case pursuant to 11 U.S.C. § 109(g)(1). The court ordered the debtor to show cause why the case should not be dismissed.
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Court
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