First Trust Co. v. Frisch (In Re Frisch)

DECISION AND ORDER DENYING FIRST TRUST COMPANY’S MOTION TO DISMISS

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge. *

Heard on July 6, 1987, on the debtor’s objection to the motion of First Trust Company 1 of Saint Paul, Minnesota, a creditor, to dismiss the case pursuant to 11 U.S.C. §§ 105 and 707(a).

First Trust argues that the debtor’s case was not filed in good faith. In its motion First Trust alleges that the debtor has sufficient income to pay the debt owed to it, under a Chapter 13 plan, and suggests various ways in which the debtor can change his “lifestyle” to effect the savings needed to…