Title JOEL D. JOSEPH
Entered
Case Number
03-11342
Summary

The United States Trustee filed a motion to dismiss the chapter 11 case, arguing that the case was improperly filed for the sole purpose of disrupting foreclosure proceedings pending with respect to debtor’s residence. The Court, Duncan W. Keir, Judge, granted the motion to dismiss as a bad faith filing. Specifically, the court found that the debtor’s residence had been sold at foreclosure to debtor as bid purchaser and subsequently ratified, but that after default by bid purchaser, the property was resold to a third-party. The court held that debtor retained no interest in the party at the time of the bankruptcy filing and that no legitimate purpose existed for the continuance of the case.

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