In re: JOHN EARL ERICKSON,
- Summarized by Michael Myers , Ballard Spahr LLP
- 7 months 2 weeks ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- BAP No. WW-22-1186-GFB (9th Circuit, Apr 13,2023) Not Published
- Tag(s):
-
- Ruling:
- The Ninth Circuit Bankruptcy Appellate Panel affirmed the denial of the serial debtor's chapter 13 plan and dismissal of the case with a 2-year ban on filing a bankruptcy petition.
- Procedural context:
- The chapter 13 bankruptcy was the latest in a series of bankruptcy filings and state-court litigation by the Debtor and his wife to delay the foreclosure of their residence. The chapter 13 trustee and secured lender objected to the Debtor's chapter 13 plan, and the trustee filed a motion to dismiss the case as a bad faith filing with a four-year bar on refiling. After a hearing on the plan and motion, the bankruptcy court denied confirmation of the plan and dismissed the case with a 2-year bar on refiling.
- Facts:
- Debtor and his non-filing spouse had taken out a loan on their personal residence in 2006. They had not made payment on the loan since 2009. Starting in 2010, the Debtor and his wife had engaged in litigation with the lender in various state and federal court proceedings. In 2015, the lender obtained a judgment and decree of foreclosure, which was affirmed by the Washington Court of Appeals. Thereafter, starting in 2018, Debtor and his wife filed additional litigation and a series of bankruptcy cases starting to delay the foreclosure. Debtor filed the instant chapter 13 case in May 2022.
- Judge(s):
- GAN, FARIS, and BRAND
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