Witkowski v. Boyajian
- Summarized by Guy Moss , Riemer & Braunstein LLP
- 8 years 3 months ago
- United States Bankruptcy Panel for the First Circuit, BAP No. RI 14-040 (Nov. 13, 2014)
- The Court determined that a bankruptcy judge did not abuse her discretion in dismissing a chapter 13 case pursuant to Code sec. 1307. More specifically, the Court ruled that (i) a debtor's failure to make payments to the chapter 13 trustee as required by Code sec. 1326 is, by itself, grounds for dismissal, and (ii) such a failure, when combined with the debtor's failure to attend a section 341 meeting (without addressing if this failure alone would have justified dismissal) warranted dismissal of the case. Denial of the reconsideration motion was justified by the absence of newly discovered evidence or a manifest error of law or fact.
- Procedural context:
- This was an appeal to the Bankruptcy Appellate Panel from the bankruptcy court's allowance of a motion to dismiss a chapter 13 case and a denial of the debtor's motion to vacate the dismissal order (treated as a motion for reconsideration). Affirmed.
- The Rhode Island chapter 13 trustee filed a motion to dismiss a pro se debtor's chapter 13 case because she failed to appear at the section 341 meeting of creditors. The facts at the hearing demonstrated that the debtor's excuse was limited to "car trouble" and that, in addition, the debtor had failed to commence plan payments within thirty days of filing the case.
- Tester, Godoy and Harwood
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