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§ 349

In re Lewis

Ruling
Motion for distribution of unpaid counsel fees filed just prior to dismissal scheduled for hearing.
Procedural posture

On remand from the district court, the court was directed to consider the motion by counsel for chapter 13 debtor, requesting that the court direct the chapter 13 trustee to make a distribution to counsel on account of unpaid counsel fees allegedly earned by counsel in the course of the bankruptcy representation. The court also considered a similar motion from counsel in a second chapter 13 case.

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opinion summary, case decided on July 24, 2006 , LexisNexis #0906-076

Bridge to Life Inc. v. Lucadamo (In re Bridge to Life Inc.)

Ruling
Order denying reconsideration of second chapter 11 filing based on bad faith finding was upheld since the bankruptcy court found cause for dismissal and the order did not violate section 109(g).
Procedural posture

Appellant debtor filed a chapter 11 petition, but it consented to dismissal with prejudice. The debtor filed a second chapter 11 petition, which was dismissed sua sponte. The debtor moved for reconsideration, or in the alternative, for a stay pending appeal. The bankruptcy court denied both motions, and the debtor sought review.

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opinion summary, case decided on May 16, 2006 , LexisNexis #0606-048

In re Palmer

Ruling
Court dismissed case since debtor did not file in good faith and failed to come before court in proper prosecution of case.
Procedural posture

Before the court in debtor's chapter 13 case was the trustee's motion to dismiss the case and the motion of a lender to dismiss the case with prejudice.

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opinion summary, case decided on May 12, 2006 , LexisNexis #0806-040