From the Editor’s Desk – Conversion and Dismissal • NACTT Academy

From the Editor’s Desk – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Notwithstanding serial filings, dismissal denied. Applying the totality-of-circumstances test, although one spouse had filed three Chapter 13 cases in two and one-half years, the moving mortgage creditor failed to show bad faith sufficient for dismissal of the case or for in rem stay relief in a case filed by the other spouse. There were mistakes made in the schedules but “finding bad faith requires more than simple mistakes.” The mistakes did not relate to a scheme to prevent foreclosure. “Unlike the typical husband-wife ‘tag team . . .

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