Αποτελέσματα Αναζήτησης
ORDER DISMISSING CHAPTER 13 CASE WITH PREJUDICE, WITH A TWO-(2) YEAR BAR TO REFILING. Before the court is the Chapter 13 Trustee’s motion seeking dismissal with. prejudice of the debtor’s – Joseph M. Cruz (“Debtor”) – Chapter 13 case pursuant to 11. U.S.C. §§ 105(a), 349, 1307. ECF No. 14.
27 Ιουλ 2021 · All roads to dismissal pass through Bankruptcy Code § 349(a).1 The debtor moved to dismiss as of “right” under § 1307(b) and wound up with an order under § 349(a) that dismissal of his case be “with prejudice.” The debtor’s motion to dismiss under § 1307(b) drew an allegation of
12 Αυγ 2022 · UBS seeks dismissal of this case for cause, with prejudice, on the grounds of the (i) Debtor’s ineligibility under § 109(e), (ii) the Debtor’s bad faith under § 1307(c) , or (iii) the Court ’s abstention from this case under § 305. Alternatively, UBS argues that the Court should convert this case from chapter 13 to chapter 7.
On May 1, 2020, the Chapter 13 Trustee filed a Motion to Dismiss Case with Prejudice seeking to bar the Debtor from filing a case under any chapter of the Bankruptcy Code for a period of two years (the “Motion to Dismiss with Prejudice,” ECF No. 20).
The Debtor’s Second Chapter 13 Case was filed on August 13, 2019. The facts set forth above and contained in the record of the Debtor’s bankruptcy cases demonstrate that dismissal with prejudice is warranted under the totality of the circumstances.
DECISION AND ORDER DISMISSING CHAPTER 13 CASES WITH PREJUDICE. Pending before this Court are four motions to dismiss with prejudice (the “Motions”) filed by Krista M. Preuss, the Chapter 13 trustee (the “Trustee”), in the Chapter 13 cases of Gloria. n William Panin, and Robert .
ebtors filed this case in bad faith. For the reasons set forth below, the Court will grant the Trustee’s Motion and dismiss the case with prejudice under § 349(a), prohibiting the Debtors from filing for bankruptcy. BACKGROUND. No. 16-20940 (the “Prior Case”). The Debtors’ First Amended Chapter 13 Plan in the Prior Case (ECF #22) was confirmed by .
