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From the Editor – Dismissal and Conversion
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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 . . .
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