Undisclosed Assets, Voluntary Dismissal, And Section 349 – Oh, What A Tangled Web We Weave

By: Academy Staff

What happens when a Chapter 13 Debtor does not disclose property of the estate, the Trustee later discovers the property and seeks to administer the property for the benefit of creditors, and the Debtor voluntarily dismisses the case to prevent the Trustee from doing so? The Honorable Phillip J. Shefferly had to untangle that Gordian knot in In re Haddad, 2017 WL 3894984 (Bankr. E.D. Mi. 2017).

The facts in the case were neither complicated nor contested. Debtor, Elin Haddad, filed a petition under Chapter 13 in December, 2012. A few months . . .

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