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In re Bobby Binion

23 B 5260

Debtor and his partner purchased real property in 1994. Over the past three decades they granted several mortgages, which resulted in four separate foreclosure proceedings, transferred the property between themselves and other entities, and filed a combined ten bankruptcy cases. The City of Chicago requested dismissal of Debtor’s current chapter 13 case with a three year bar to refiling. HELD: Court made findings of fact as to the actions of Debtor and his partner with regard to this piece of real property. Based on those findings of fact, under the standard articulated by the Seventh Circuit, Debtor did not file this bankruptcy case in good faith. Cause exists under 11 U.S.C. § 1307(c) to dismiss this case. Furthermore, Debtor’s lack of good faith, pattern of conduct and failure to comply with the requirements of the Bankruptcy Code support a finding of bad faith. Therefore, it is appropriate to dismiss this case with a three year bar to refiling under 11 U.S.C. § 349.

Wednesday, July 26, 2023