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In re Richard J. Cink and Carolyn J. Cink

Bankr. No.: 
06-40019
Chapter: 
7
Date of Decision: 
February 21, 2007
Issue: 
Whether Debtors’ motion to voluntarily dismiss their case should be granted where the bankruptcy estate contained a non exempt real property interest that could be liquidated to pay claims but where Debtors reported they had made arrangements to pay all their pre-petition creditors? Whether Debtors should be required to turn over information regarding the location and value of the real property interest held by one of the debtors?
Ruling: 
Debtors’ motion to voluntarily dismiss their case was denied since the record did not reflect creditors had been paid in full and thus the creditors may be prejudiced if the case were dismissed without a distribution of assets. Debtors were ordered to turn over to the case trustee information about the real property interest.
Full Bankruptcy Court Decision: