In re Pfetzer

(Bankr. E.D. Ky. Mar. 22, 2018)

The bankruptcy court addresses the issue of whether a motion to dismiss for lack of good faith under 11 U.S.C. § 1307(c) can save an otherwise untimely § 1325(a)(7) objection to confirmation of a Chapter 13 plan. The court holds that because § 1325(a)(7) requires the determination of the debtor’s good faith in filing the petition as part of the plan confirmation process, a motion to dismiss under § 1325(a)(7) cannot rely on an allegation of lack of good faith if the motion is filed after the deadline to object to confirmation. Opinion below.

Judge: Wise

Attorney for Debtor: Michael B. Baker

Attorney for Creditor: Finney Law Firm, LLC, Justin C. Walker

2018-03-22 – in re pfetzer

Author: Matt Lindblom

In re Thompson

(Bankr. E.D. Ky. Jan. 28, 2015)

The bankruptcy court grants the debtor’s motion to dismiss his chapter 13 bankruptcy, despite the trustee’s request to convert to chapter 7. The debtor failed to comply with the terms of the confirmed plan, and then filed a motion to dismiss. The trustee moved to convert to chapter 7, arguing that conversion was in the best interests of the creditors and the estate. The court held that § 1307(b), which gives a debtor the right to dismiss a chapter 13 case if it has not been previously converted, is mandatory. Section 1307(c) allows conversion to chapter 7 for cause, but this section is subject to the mandatory right of dismissal in §1307(b). Opinion below.

2015-01-28 – in re thompson

Author: Matt Lindblom