22 B 00998
Chapter 13 Trustee sought dismissal of Debtor’s case as well as a bar to refiling.  HELD: While automatic dismissal was not appropriate, cause existed to dismiss the case under 11 U.S.C. § 1307(c).  There was no evidence that Debtor, who owed significant arrearages to two mortgagees and had not made any postpetition mortgage payments, could propose a feasible plan.  Additionally, Debtor did not timely file his schedules, did not attend two scheduled meetings of creditors and did not make his first plan payment until well past the deadline in § 1326.  The court declined to impose a 180-day bar to refiling under § 109(g)(1).  Trustee did not prove that Debtor deliberately and intentionally failed to abide by court orders or to appear before the court in proper prosecution of the case.  The court also denied the Trustee’s request to impose a bar under § 349, finding that the evidence did not establish that Debtor filed this case in bad faith.