Velasquez v. Burchard (In re Velasquez)
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 8 years 5 months ago
- Citation:
- 9th Cir. BAP No. NC-15-1175-TaJuKi (August 9, 2016) (unpublished)
- Tag(s):
-
- Ruling:
- 9th Cir. BAP affirmed bankruptcy court's dismissal of Chapter 13 case under Section 1307(c)(1) due to unreasonable delay detrimental to creditors.
- Procedural context:
- Debtor, in pro se, appealed bankruptcy court's order dismissing his Chapter 13 case on the motion of the Chapter 13 trustee. The BAP affirmed the dismissal.
- Facts:
- Chapter 13 trustee filed motion to dismiss case 14 months into case. As found by the court, cause existed to dismiss due to unreasonable delay detrimental to creditors. The Debtor had not made a plan payment for 5 months, the Debtor was not proposing viable plans, and the Debtor was not making progress in clearing the confirmation road blocks."After 14 months, and on this record, none of these causes of delay were reasonable, and the detriment to creditors was clear."
- Judge(s):
- TAYLOR, JURY, and KIRSCHER
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