Legal Opinion

In re Mayberry

United States Bankruptcy Court, D. Massachusetts

Decided January 11, 2013No. 11-43613PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is the “Motion of Chapter 13 Trustee to Dismiss Case” (the “Motion to Dismiss”) seeking dismissal of the Chapter 13 case filed by Joyce May-berry (the “Debtor”) under § 1307(c)(1) on the grounds that the Debtor’s unconfirmed Chapter 13 plan fails to properly account for all claims filed in the case, thereby *45creating an unreasonable delay prejudicial to creditors. For the reasons set forth herein, the Court will deny the Motion to Dismiss.

I. FACTS AND POSITIONS OF THE PARTIES

On August 26, 2011, the Debtor filed her…

2Cases cited5 opinions

  1. Flynn v. Bankowski (Flynn)Bankruptcy Appellate Panel of the First Circuit · 2009
  2. In Re EulianoUnited States Bankruptcy Court, D. Massachusetts · 2010
  3. In Re SmithUnited States Bankruptcy Court, D. New Hampshire · 2009
  4. In Re WoffordUnited States Bankruptcy Court, W.D. Wisconsin · 2011
  5. In Re WilcoxUnited States Bankruptcy Court, D. Colorado · 2010

3Cited by3 opinions

  1. Austin v. BankowskiDistrict Court, D. Massachusetts · 2014
  2. Heritage Bank v. Woodward (In re Woodward)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  3. Heritage Bank v. Suzette WoodwardUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2015

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