- 11 U.S.C.
In re McMahan
Oct
25
2012
Ruling
Chapter 13 case dismissed for bad faith as filed on eve of foreclosure sale after default under chapter 11 plan instead of seeking modification of chapter 11 plan.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a bank that held a debt that was secured by real property the debtor owned filed a motion to dismiss the debtor's case for serial filing, arguing that the debtor's case was not filed in good faith under 11 U.S.C.S. §§ 1307 and 1325(a)(3).
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Court
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