By Hon. Brian Lynch, Bankruptcy Judge, WAWB “[T]he bankruptcy court has a duty to review fee applications, notwithstanding the absence of objections by the United States trustee (“UST”), creditors, or any other interested party….” In re Busy Beaver Bldg. Ctrs., Inc., 19 F.3d 833, 841 (3d Cir. 1994). In Chapter 13 cases this role is critical because in this judge’s...
From the Editor – Conversion and Dismissal
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By The Honorable William Houston Brown (Retired)
Failure to take steps to alter lavish lifestyle was cause for dismissal. An arbitration award of $568,568 had been entered against the husband and after that award, he and his wife spent thousands on inessential consumer goods and services. When Chapter 7 was filed, the arbitration creditor, the husband’s former employer, moved for dismissal under § 707(a) and (b), and the case was dismissed under § 707(a). The Seventh Circuit rejected the debtors’ argument that “for cause” under § 707(a) is limited to procedural defects in the . . .
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