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Legal Opinion

In Re Casavalencia

United States Bankruptcy Court, S.D. Florida.

Decided June 5, 2008No. 19-10904Published

1Opinion of the Court

ORDER DISMISSING CHAPTER 13 CASE FILED IN BAD FAITH

JOHN KARL OLSON, Bankruptcy Judge.

Four creditors of the Debtor, Carlos Casavalencia, moved to dismiss this case as a bad faith chapter 13 filing, for relief from the automatic stay so that they may continue with prepetition litigation against the Debtor, and for the award of attorneys’ fees and costs. Because I am satisfied that the Debtor’s prepetition conduct toward these four creditors was willfully and egregiously fraudulent, I conclude that no chapter 13 plan could possibly be filed by this Debtor which satisfies the good faith…

2Cases cited6 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  3. In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
  4. Glatter v. MrozCourt of Appeals for the Eleventh Circuit · 1995
  5. In Re ConradUnited States Bankruptcy Court, M.D. Florida · 2002

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