(Bank. S.D. Ind. Jan. 25, 2018)
The bankruptcy court grants the debtor’s motion to dismiss the Chapter 12 case but bars the debtor from refiling a case under any chapter for 180 days. The debtor filed its motion after the trustee filed a motion to dismiss and for a 180-day refiling bar. The court concludes that the debtor has the right to dismiss its case under 11 U.S.C. § 1208(b), and thus the trustee’s motion must be denied. However, the court finds that the case was filed in bad faith and thus the Court can order the 180-day bar without motion under § 349(a). Opinion below.
Attorney for Debtor: McClure O’Farrell, Thomas B. O’Farrell
Trustee: Joseph M. Black, Jr.
Author: Matt Lindblom