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In re Wilcox (Case No. 13-70516) 09/09/2013

A purported judgment creditor filed a motion to dismiss the debtor’s case pursuant to section 707(b)(3)(A) on the basis that the debtor was chargeable with bad faith in allegedly filing the bankruptcy for the sole purpose of escaping the creditor’s judgment.  The court concluded that on strictly financial terms the debtor was clearly a candidate for bankruptcy relief and that the evidence offered in support of the motion to dismiss was simply insufficient to demonstrate that he made his decision to file in “bad faith.”  The court thus denied the motion to dismiss.

Date: 
Monday, September 9, 2013
Category: 
Burden of Proof
Chapter 7 Issues
Conversion and Dismissal
Chapter: 
7