Debtor’s Inexcusable Delay Causes Chapter 12 Bankruptcy Petition Dismissal.

The debtor filed a Chapter 12 bankruptcy petition and his required schedules and statements. During extended confirmation hearings, facts emerged showing that the debtor had concealed his interest in real property and had made other numerous errors. The debtor contended that these errors were oversights. The trustee sought dismissal of the case pursuant to 11 U.S. C. §1208(c)(1). The court agreed, stating, “Considering the facts of this case, it appears to the Court that despite many months under the protections of the Bankruptcy Code, four failed attempts to propose a confirmable plan, and three attempts to file accurate and complete schedules and statements, [the debtor’s] case is getting more convoluted and perplexing with each passing hearing. Meanwhile his creditors are waiting in the wings without payment, as their interests are impaired and collateral is devalued. Accordingly, the Court finds [the debtor’s] repeated delays and failure to propose a confirmable plan unreasonable, without justification, and harmful to his creditors.”  In re Dickenson, No. 13-71283, 2014 Bankr. LEXIS 4067 (Bankr. W.D. Va. Sept. 15, 2014).

 

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