In re Holman
United States Bankruptcy Court, D. Kansas
1Opinion of the Court
MEMORANDUM OPINION
Robert E. Nugent, United States Bankruptcy Judge
The Court “may” dismiss a chapter 13 case for “cause,” including unreasonable delay, material default under a confirmed plan, and bad faith.1 But once the debtor completes all payments under the plan, the Court “shall” grant the debtor a discharge.2 In this case, the debtors violated both their plan and confirmation order. They flouted their duties to the Trustee, the Government, and the Court throughout the case. Even after the Trustee’s and the United States’ motions to dismiss were pending, the debtors continued to run afoul…
2Cases cited14 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
- In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
- Gordon R. And Sharon L. Flygare, Debtors-Appellants v. Judith A. BouldenCourt of Appeals for the Tenth Circuit · 1983
- In Re Robert Arlin Gier, Debtor-Appellant, Robert Arlin Gier v. Farmers State Bank of Lucas, KansasCourt of Appeals for the Tenth Circuit · 1993
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3Cited by3 opinions
- In re Brian T.United States Bankruptcy Court, E.D. New York · 2017
- Laura L. ReppertUnited States Bankruptcy Court, W.D. Pennsylvania · 2022
- Michele L. AmesUnited States Bankruptcy Court, E.D. Pennsylvania · 2022