Tag: § 707(a)

Bankr. E.D.N.C.: In re Stockwell- Dismissal of 3rd and 4th Bankruptcy for Bad Faith under §707(a)

Summary:

Between March 7, 2017, and November 28, 2017, Mr. Stockwell filed first a Chapter 13 and then three Chapter 7 cases, with the fourth case being filed while the third was still pending. (The dismissal of the third case had been set aside as it had been automatically dismissed due to the failure to file documents under 11 U.S.C. § 521(I) while the Bankruptcy Administrator’s motion to dismiss with prejudice.) Mr. Stockwell’s cases were filed with the apparent intent of holding off a foreclosure by Ocwen, as it was the only creditor listed in any of his cases. (That failure to disclose other creditors and to file complete schedules had caused the dismissal of the first and second cases.)

The bankruptcy court consolidated the motions to dismiss the third and fourth cases, ultimately finding that both should be dismissed under 11 U.S.C.… Read More

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Bankr. E.D.N.C.: In re Edwards- Dismissal under 11 U.S.C. § 707(a)

Summary:

Mr. and Dr. Edwards, whose combined monthly gross income as health care professionals is $25722.67, filed Chapter 7, listing nearly $850,000 in general unsecured debts, which were primarily business debts. Dr. Dori Thomas, with whom Dr. Edwards had previously been in medical practice and was a co-guarantor, and Wells Fargo, which held a third lien for $695,000 against property, sought dismissal of the case under 11 U.S.C. § 707(a), as § 707(b) did not apply since the Edwards did not have primarily consumer debts.

Following In re Marino, 388 B.R. 679, 682 (Bankr. E.D.N.C. 2008), the bankruptcy court began that “[c]ause for dismissal under § 707(a) has been held to include a lack of good faith in filing the petition.” The factors from Marino include:

1.… Read More

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Bankr. E.D.N.C.: In re Gilman- Dismissal for Bad Faith Under 11 U.S.C. § 707(a)

Summary:

Chapter 7 Debtors had primarily non-consumer debt and the Bankruptcy Administrator sought dismissal under 11 U.S.C. § 707(a), which states that a court may dismiss a chapter 7 case “after notice and a hearing only for cause,” without expressly defining “cause.” However, “cause for dismissal under § 707(a) has been held to include a lack of good faith in filing the petition.” In re Marino, 388 B.R. 679, 682 (Bankr. E.D.N.C. 2008). In assessing bad faith under this section, the court relied on a non-exclusive fourteen factor totality of the circumstances test, including:
1. The debtor reduces creditors to a single creditor in the months prior to the filing of the petition;
2.… Read More

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