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In re Wright (Case No. 12-71032) 07/19/2013

The debtors had filed jointly by counsel, and subsequently they had a falling out with counsel who was allowed to withdraw.  The debtors were unable to find alternate counsel and were appearing pro se.  The debtors advised they were not seeking confirmation but wanted their attorney’s handling of their case to be reviewed.  The trustee filed a motion to dismiss.  In order to keep the case moving, the court concluded that, under the circumstances, the best resolution of this situation was to grant the debtors an opportunity to proceed with their chapter 13 case, if they so chose, by filing new Schedules I and J and a modified plan, or convert their case to one under Chapter 7.  If they failed to do either, the chapter 13 trustee’s motion to dismiss would be granted.

Date: 
Friday, July 19, 2013
Category: 
Chapter 13 Issues
Conversion and Dismissal
Chapter: 
13