Is a failure to file a plan timely a cause for dismissal of a chapter 13 motion?

federal, United States of America

The following excerpt is from Berenice & Pierre Thoreau De La Salle v. U.S. Bank, N.A. (In re Berenice & Pierre Thoreau De La Salle), BAP No. EC-11-1258-JuKiD, Bk. No. 10-29678 (B.A.P. 9th Cir. 2011):

creditors and failure to file a plan timely. 1307(c)(1) and (3). Moreover, a lack of good faith constitutes "cause" to dismiss a chapter 13 case. Eisen v. Curry (In re Eisen), 14 F.3d 469, 470 (9th Cir. 1994) (per curiam); In re Ellsworth, 455 B.R. at 919.

Other Questions


When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
When will a motion to dismiss a claim for failure to state a cause of action be dismissed? ("New York", United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
Does a motion to dismiss the motion for failure to prosecute for sexual assault have any grounds for dismissal? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a motion for failure to prosecute under Local Rule 7.1? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
Can a motion to dismiss an indictment be dismissed on a motion of dismissal? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.