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I recieved a judgement in small claims court for the limit allowable for unpaid rent. That was $3000. That amount was recorded on original plan, althought the debtor actually owed me and committed to pay me in writing for additional damages to the house which resulted in an additional $8000. When the debtor did not include the additional $8000 in the CHapter 13 case plan, I objected to the plan. We went to court and the court acknowledged the debt and supported adding the $8000 to the Chapter 13. When the debtor saw i was successful in this, he filed to voluntarilty dismiss the case to spite me.
NOTE: The court is aware of this persons lack of integrirty, as he previously tried to add this debt to a closed chapter 7 case he filed and closed in 2008 and the debt was incurred in 2009. He thought I would back down through all this and took me through this process. The judge was not impressed when he took it so far as to appear in court to try to add debt to a closed case, and when it was kicked out, he immediately filed the Chapter 13. He has been attempting to avoid this debt so long, through lies and manipulation fo the law and the judge has seen it all. Now he wants to dismiss the chapter 13 so that it will default back to only $3000 judgement and I will have to continue to try to collect. He works for Franklin County Courts so knows how to work the system.
Hi! You have been extremely helpful...your question re: citations is my issue with this motion as there are no grounds and the motion allows me an opportunity to object as instructions to do so are attached. I would like to object to the motion on the grounds he is filing based on fraud in that he has used the courts and bankrupcty law to delay, hold, suspend and even filed fraudulent documents with the courts - thinking at some point I would back down. When I dont it gets him even more mad. His plan can support the additional debt and his trustee has stated that it can go forward as set and approved with the additional $$. He was moving forward with this full steam until I was successful in getting the additional $$ added to the case. So he is specifically targeting me as now it is about ego and winning. The judge in this case has witnessed it all and knows of the filing of fraudulent docs etc to avoid this. The debtor knows she is onto him and has attempted to have the judge changed. THe courts denied that request.
Here is the exact copy of the motion content. PLease advise. Thanks so much for your help. I am doing this out of principle now as he did the same thing - caused $10,000 of damage and did not pay rent to a neighbor of mine and is getting away with that too and is being successful as he has no more fight in him. Very sad that there are people out there who do this...it makes you not trust folks and that is a very sad state to be in.
MOTION TO VOLUNTARILY
DISMISS CHAPTER 13 BANKRUPTCY
Debtor Strother Bracy, by and through Counsel, Erin E. Schrader, requests this Court to voluntarily dismiss his Chapter 13. Debtor no longer wishes to proceed with his case. For this reason, Debtor requests this motion be granted.
/s/ Erin E. Schrader
Erin E. Schrader(NNN) NNN-NNNN/p>
Rauser and Associates
5 East Long Street Suite 300
Columbus, OH 43215
Except as provided in subsection (e) of this section, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title, or may dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause . . . .
You are amazing and wonderful and had I known I would get this level of support I would have offered more than $18. That said, this is exactly what I needed. You rock!
I am not sure how I can bump up the payment to you, as I have never used this before, but I will try to find out!
Oh...I neglected to share that he filed and closed a previous Chapter 7 case, so reverting from 13 to 7 is not possible if I understand the code.
So, with your case references...I think I can do this.
Thank you so much again.
Have a wonderful evening.
Ooppps..one last question...In their motion they provided no reason for dismissal...how might I phrase the reason I request the motion be denied...
SHould I say, "creditor objects to the dismissal of this Chapter 13 case as, a debtor's right to dismiss under 11 U.S.C. § 1307(b) does NOT extend to instances of bad-faith conduct or abuse of the bankruptcy process.
Or simply submit the objection and refer to these cases during the hearing.
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