From the Editor – Dismissal and Conversion

By The Honorable William Houston Brown (Retired)

Case properly dismissed for bad faith. Bankruptcy court properly considered prior bankruptcy filings and timing of current case that was filed on morning of sheriff’s sale of commercial property, after state court had denied numerous attempts to stop sale. Debtor’s mother had also filed Chapter 13 to stay sale of jointly owned property. Court found no legitimate reason for debtor’s filing and no prospect of reorganization. Case was dismissed for bad faith, and bankruptcy court did not abuse discretion in sanctioning debtor for judgment creditor’s . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

October 20, 2019
By The Honorable William Houston Brown (Retired) Claim allowed after reopening of no-asset case. The Chapter 7 case filed as no-asset was reopened after discovery of assets for distribution, and debtors objected to a claim on basis of statute of limitations. Affirming, the Bankruptcy Appellate Panel held that the time to commence action on the claim had been tolled under...
Members
June 28, 2020
By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo Click here for Part 1 Click here for Part 2 IV. The Hanging Paragraph’s effect on Interest Rates When the hanging paragraph is applicable, creditors are entitled to the full value of their secured claims as . . . It looks...
Members
December 20, 2020
By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN) Bankruptcy Courts take determinations from the Supreme Court seriously. And rightfully so. But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc” (“now for then”) orders. Earlier...
Members
April 7, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Debtors could not deduct ownership costs for vehicle secured by non-purchase money lien. The above-median debtors claimed ownership deduction of $497 from projected disposable income, when the title loan payments on the vehicle were only $66.67. The difference in these amounts meant unsecured creditors could receive $25,819.80 over the...
Members
March 31, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Suspension of firm upheld. The District court affirmed the 90-day suspension of Law Solutions Chicago, LLC (d/b/a UpRight Law, LLC), with the record supporting the bankruptcy court’s findings that the firm failed to adequately represent the debtor in a “simple” consumer case. Disgorgement of fees was appropriate under...
Members
May 12, 2019
By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL) Congress’ goal of bankruptcy is for the honest debtor to get a fresh start. Since most federally guaranteed student loans are nondischargeable, the current outcome is a “false start” instead of a fresh start. Resolving a $1.5 trillion student loan crisis is problematic in that the caselaw was...
Members
May 12, 2019
Small business owners should keep good records. This applies to all businesses, whether they have a couple dozen employees or just a few. Whether they install software or make soft-serve. Whether they cut hair or cut lawns. Keeping good records is an important part of running a successful business. Here are some questions and answers to help business owners understand...
July 19, 2020
By Cathy Moran, Esq. (Redwood City, CA) Like so much in life, it’s all about timing. I revisited an older post here about delaying the filing of a bankruptcy til the New Year when the debtor expects to owe taxes in April. A Chapter 13 filed in January can include and pay the taxes associated with the tax year ending...
Members
September 27, 2020
By The Honorable William Houston Brown (Retired) Disgorgement of fees for nondisclosure. The Tenth Circuit held that the “default sanction” for an attorney’s failure to satisfy disclosure obligation is full disgorgement of fees paid. While full disgorgement may not be required in particular circumstances, the “default sanction” principle required reversal and remand. The bankruptcy court, affirmed by the BAP, had...
Members
rmichaelsmith
October 23, 2022
The recent push for student loan forgiveness has been met with increasing opposition. The rationales for not providing a generally applicable path for student loan forgiveness or cancellation have included arguments based upon imagined unfairness to those previously able to pay off their loans, which seems to be both short-sighted, as well as a “red herring” argument. It does not...