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In re Fumbanks

24 B 11314
Debtor filed his 18th bankruptcy case in 13 years.  The chapter 13 Trustee brought a motion to dismiss for unreasonable delay, and also sought a two-year bar to refiling.  HELD: Debtor did not submit tax returns, proof of identity or pay advices, so the Trustee could not hold the meeting of creditors.  Debtor did not pay any of the installments of his filing fee, and he owed filing fees from his previous cases.  He filed a plan, but it could not be administered, and he did not begin making payments under that plan.  Therefore, Debtor’s actions constituted unreasonable delay.  Additionally, this case presented an extreme situation that warranted dismissal with a bar.  This was Debtor’s 16th chapter 13 case and he had never made a single plan payment in any of those cases.  His pattern of conduct and failure to comply with the requirements of the Bankruptcy Code constituted bad faith.  The court imposed a two-year bar to refiling.

Date: 
Wednesday, February 12, 2025