In re Lee
- Summarized by Laura Bartell , Wayne State University Law School
- 13 years 10 months ago
- Citation:
- 2012 Fed. App. 0004P (6th Cir. BAP Apr. 18, 2012)
- Tag(s):
-
- Ruling:
- Appellant had standing to bring motion to dismiss for abuse; bankruptcy court did not abuse its discretion in dismissing debtor's case under section 1112(b); bankruptcy court did not abuse its discretion in dismissing debtor's case with prejudice for 180 days under section 109(g); and bankruptcy court did not abuse its discretion in granting in rem relief with respect to debtor's property under sections 362(d)(4) and 105 with respect to debtor and those in contractual privity with debtor. Remanding bankruptcy court's order with instructions to enter amended order that provides relief consistent with the bankruptcy court's ruling at the hearing on the motion.
- Procedural context:
- Appeal from decision of bankruptcy court for S.D. Ohio
- Facts:
- Bankruptcy court dismissed serial pro se debtor's chapter 11 case for abuse, dismissed the case for 180 days under section 109(g), and granted mortgagee in rem relief against debtor's real property under section 362(d)(4) and section 105. Debtor appealed.
- Judge(s):
- Emerson, Fulton, Shea-Stonum
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