Ah, this is helpful to establish a basis to deny the effort to dismiss:His plan can support the additional debt and his trustee has stated that it can go forward as set and approved with the additional $$. [. . .] . So he is specifically targeting me as now it is about ego and winning.
Okay, Ohio is in the 6th Circuit Court of Appeals. A quick look for "voluntary dismissal" (deny or denied) and (fraud or fraudulent or fraudulently) identified nothing from the 6th Circuit, but did show the following:Marrama v. Citizens Bank of Massachusetts
, 549 U.S. 365
(2007). Supreme Court IS binding on your local BK Court... 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. It is a narrow exception.
This part of the BK Code has been used to deny dismissals before (or keep a Chapter 13 case from being dismissed to a Trustee could force it into conversion to Chapter 7):
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 . . . .
11 U.S.C. § 13071307(c)
Not in this creditor's best interests is a basis to deny the dismissal.
Debtors have been denied dismissals in Molitor v. Eidson
(In re Molitor
), 76 F.3d 218
(8th Cir. 1996), In re Armstrong
, 408 B.R. 559
, 571 (Bankr. E.D.N.Y. 2009), and by the Supreme Court in Marrama v. Citizens Bank of Massachusetts
, 549 U.S. 365
(2007) (this one involved a Chapter 7 debtor filing misleading and incomplete schedules, then being denied a request to convert ot Chapter 13--the principles involved remain similar).Rosson v. Fitzgerald
(In re Rosson
), 545 F.3d 764
, 770 (9th Cir. 2008) has this little gem: A bankruptcy court
has "power under [11 U.S.c.] § 105(a) to police bad faith and abuse of process." Id.
at 773 n.12.
Sounds like proving an intent to hinder and delay that one creditor could be easily proven to the degree needed to satisfy the laws and the judge.
So, these are some of the strongest authorities to look into in opposing a debtor's attempt to get out of a Chapter 13 case when it would impair a creditor's ability to get repaid.