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In re Taylor (Case No. 09-72532) 01/13/2010

The Chapter 13 trustee filed an objection to confirmation and a motion to convert this case to one under Chapter 7 or dismiss this case with prejudice pursuant to 11 U.S.C. § 349(a).  Bad faith in filing a Chapter 13 case can be cause for dismissal or conversion, whichever is in the best interests of creditors and the estate.  The Court found that the debtors have exhibited bad faith in the filing of their bankruptcy petition because the failed to make any payments to the Chapter 13 trustee or to their mortgage lender within the time required.  Further, by the debtors' own admissions, at the time they filed their case and Chapter 13 plan, they did not have the financial means to make payments to the trustee and their mortgage payments and still cover their living expenses.  The Court concluded that cause exists to dismiss this case; nevertheless, the Court stayed the order dismissing the case for a period of fourteen days to permit the debtors to file a motion to convert the case to Chapter 7.

Date: 
Wednesday, January 13, 2010
Category: 
Bad Faith
Chapter 13 Issues
Confirmation of Plan
Conversion and Dismissal
Dismissal
Chapter: 
13