Cuevas v. Cuevas (In re Cuevas)

Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 4 months ago

Citation:

Cuevas v. Cuevas (In re Cuevas), Case No. CC-15-1032-KuKiTa (9th Cir. BAP, Oct. 5, 2016) (unpublished)

Tag(s):

Ruling:

Bankruptcy court's dismissal of chapter 13 case for bad faith and accompanying sanctions orders affirmed.

Procedural context:

Appeal from the bankruptcy court for the Central District of California dismissing chapter 13 case and entering sanctions under Rule 9011, reviewed for abuse of discretion.

Facts:

Debtor filed a chapter 13 case while his chapter 7 case was still pending. Bankruptcy court entered an order to show cause why the chapter 13 case should not be dismissed, explaining that there was little or no post-chapter 7 debt to deal with in the chapter 13 case, no prospect of debtor receiving a discharge, no real source of income or assets available to permit debtor to pay any debts, and therefore no legitimate bankruptcy purpose for the chapter 13 case. Bankruptcy court also entered an order to show cause why sanctions should not be issued against debtor's attorney for filing the chapter 13 case and attempting to prevent dismissal of it. Ultimately, the bankruptcy court dismissed the chapter 13 case and entered an order for sanctions against debtor's attorney.

Judge(s):

Kurtz, Kirscher, Taylor

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