Bankr. No.:
96-40354
Chapter:
13
Date of Decision:
December 2, 1996
Issue:
Whether case should be dismissed for lack of a good faith filing where Debtor filed a Chapter 13 petition soon after he filed an appeal of a state court judgment against him, where Debtor did not post a supersedeas bond in state court, and where Debtor did not propose to begin plan payments until the state court appeal was decided?
Ruling:
The case was dismissed for lack of a good faith filing because Debtor did not come into the Chapter 13 ready to pay his creditors but instead proposed not to pay them until a state court appeal was decided.
Full Bankruptcy Court Decision: