Skip to main content

§ 349

Ithier, In re

Ruling
Debtor's conduct, while involving initial non-disclosure of assets, did not rise to the level of egregiousness required for a bar to refile upon voluntary dismissal. (Bankr. D.P.R.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

ABI Membership is required to access the full summary of Ithier, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-029

Corben, In re

Ruling
A Chapter 13 debtor's voluntary dismissal does not deprive the court of authority to impose conditions on dismissal. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

ABI Membership is required to access the full summary of Corben, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 25, 2025 , LexisNexis #0425-076

Adams, In re

Ruling
Debtor was sanctioned by dismissal of her fifth bankruptcy case, her third under subchapterV, which had been converted to Chapter 7 for failure to file a confirmable plan.(Bankr. M.D. Fla.)
Issue(s)
Effect of Dismissal.

ABI Membership is required to access the full summary of Adams, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 31, 2023 , LexisNexis #1023-078

Binion, In re

Ruling
City's motion to dismiss debtor's Chapter 13 case was granted as the petition for relief underthe Bankruptcy Code was not fundamentally fair with respect to his creditors and causeexisted to dismiss the case for a lack of good faith. (Bankr. N.D. Ill.)
Issue(s)
Effect of Dismissal.

ABI Membership is required to access the full summary of Binion, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 26, 2023 , LexisNexis #0923-054

Fam, In re

Ruling
Debtor's motion seeking turnover of funds on hand upon dismissal of Chapter 13 case couldnot be granted as the confirmation order was a valid, binding order even after dismissal.(Bankr. D.D.C.)
Issue(s)
Effect of Dismissal; Specific Effects; Revesting of Property of the Estate.

ABI Membership is required to access the full summary of Fam, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 31, 2022 , LexisNexis #1122-003

Mammay, In re--Mammay v. Winnecour

Ruling
Debtor's request to hold Chapter 13 trustee in contempt was unfounded as the trustee hadcomplied with the court's orders to pay allowed unsecured creditors, the trustee's percentagefee, and debtor's allowed fees from the remaining funds on hand. (Bankr. W.D. Pa.)
Issue(s)
Effect of Dismissal; Specific Effects.

ABI Membership is required to access the full summary of Mammay, In re--Mammay v. Winnecour Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 07, 2022 , LexisNexis #0822-077

Carr, In re

Ruling
Court granted debtor's request to vacate the order dismissing the Chapter 13 case as hereceived an offer to purchase his property and he intended to use the sale proceeds to paycreditors. (Bankr. M.D. Fla.)
Issue(s)
Effect of Dismissal; Specific Effects.

ABI Membership is required to access the full summary of Carr, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 02, 2022 , LexisNexis #0822-001

Sherman, In re

Ruling
Court held that funds undistributed upon post-confirmation dismissal of a Chapter 13 casepresumptively should be returned to the person in whom the property previously was vested.(Bankr. E.D. Pa.)
Issue(s)
Effect of Dismissal; Specific Effects; Revesting of Property of the Estate.

ABI Membership is required to access the full summary of Sherman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 03, 2022 , LexisNexis #0422-077

Mayo, In re

Ruling
Pawnshop creditor was entitled to repossess vehicle after debtor filed its third chapter 13proceeding as dismissal of the first chapter 13 case resulted in a restoration of title with thecreditor. (Bankr. M.D. Ala.)
Issue(s)
Effect of Dismissal.

ABI Membership is required to access the full summary of Mayo, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 30, 2021 , LexisNexis #1121-078

Parson, In re

Ruling
Debtor could not rely on orders issued in prior dismissed bankruptcy cases nor was theexistence of those orders grounds for recusal. (Bankr. N.D. Tex.)
Issue(s)
Effect of Dismissal; Specific Effects.

ABI Membership is required to access the full summary of Parson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 15, 2021 , LexisNexis #1121-002