- 11 U.S.C.
In re Finn
Nov
05
2012
Ruling
Case dismissed for bad faith where debtor's partner transferred house to debtor after dismissal of partner's chapter 13 case without consideration.
Procedural posture
The servicer on a mortgage that encumbered residential property asked the court to dismiss a chapter 13 case filed by debtor on a finding of bad faith per 11 U.S.C.S. § 1307 or in the alternative, to grant relief from stay so that movant could enforce rights under the mortgage and related agreements. The issue was whether the totality of the circumstances relating to the case bespoke of bad faith sufficient to justify dismissal.
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Court
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