Sanders v. Cohen (In re Sanders)

Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 7 months ago

Citation:

Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)

Tag(s):

Ruling:

Bankruptcy court afforded chapter 13 debtor adequate notice and an opportunity to be heard; thus, bankruptcy court's dismissal of debtor's case did not violate his due process rights and is affirmed.

Procedural context:

Appeal from the bankruptcy court for the Central District of California dismissing chapter 13 bankruptcy case, reviewed de novo.

Facts:

Pro se debtor filed his fifth bankruptcy proceeding in approximately five years. Creditors argued that petition was filed in bad faith, and bankruptcy court denied debtor's motion to extend the automatic stay beyond thirty days. Chapter 13 trustee filed a notice in which he stated that he could make an oral motion to dismiss the case for cause; numerous creditors also objected to debtor's chapter 13 plan, some claiming abuse of the bankruptcy process. Bankruptcy court dismissed the case and denied debtor's motion to convert the case to chapter 11.

Judge(s):

Faris, Kirscher, Kurtz

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