In Re McElveen
United States Bankruptcy Court, D. South Carolina
1Opinion of the Court
MEMORANDUM AND ORDER
J. BRATTON DAVIS, Bankruptcy Judge.
This matter is before the Court on the motion of Chrysler First Financial Services Corporation, formerly known as Finan-ceAmerica Corporation (Movant), to dismiss the debtors’ case pursuant to 11 U.S.C. § 1307(c) on the ground that the case was filed in “bad faith”.
FINDINGS OF FACT
Movant is a creditor of the debtors and holds a mortgage on their real estate.
On September 3,1982, the debtors filed a petition for relief under Chapter 13 of the Bankruptcy Code bearing case number 82-01459. This case was dismissed on December 22, 1982.
On…
2Cases cited12 opinions
- In Re Mary E. Johnson, Debtor. Mary E. Johnson v. Vanguard Holding CorporationCourt of Appeals for the Second Circuit · 1983
- In Re BystrekUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
- Pasadena Thrift & Loan Ass'n v. Bayport Equities Corp. (In Re Bayport Equities Corp.)United States Bankruptcy Court, C.D. California · 1983
- In Re PerezUnited States Bankruptcy Court, S.D. Texas · 1984
- Trust Deed Center, Inc. v. Bank of America National Trust & Savings Ass'nUnited States Bankruptcy Court, C.D. California · 1984
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