From the Editor – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Petition filed in bad faith is cause for dismissal. In an examination of bad faith filing, among the totality-of-circumstances factors that the court may consider are the nature of the debts and how they arose, timing of the petition filing, the debtor’s filing motive, the effect of the debtor’s actions on creditors, including pre- and postpetition actions, and the extent to which the debtor was forthcoming with the court and creditors. These debtors filed Chapter 13 for the purpose of preventing execution on a state . . .

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