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03
Jun
2020

Bad Faith Chapter 13 Dismissed

In this case, the debtor filed successive Chapter 13 petitions for the apparent purpose of frustrating the debtor’s mortgage company from foreclosing on debtor’s real estate.

The Court held that the successive bankruptcy filings were in bad faith and in violation of the Bankruptcy Code requirement that all filings must be in good faith.

Costs of $600.00 were also assessed against the debtor’s attorney. In re Byron Smail, 129 B.R. 676.

Author: Charles R. Harroun, Attorney at Law.



This entry was posted on Wednesday, June 3rd, 2020 at 4:33 am and is filed under Bankruptcy, Mortgages. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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