25bk09698
The court denied the debtor’s motion to voluntarily dismiss his chapter 7 case. The chapter 7 filing was the debtor’s third bankruptcy petition in the last year. Although the schedules filed in this and the prior cases were less than complete, the debtor is the owner of multi-unit apartment building and was previously subject to an order placing the mortgage holder as mortgagee in possession. After the filing of the chapter 7 petition, the debtor failed to comply with the Federal Rules of Bankruptcy Procedure and the Bankruptcy Code and refused to allow the trustee’s agent (the mortgagee in possession) collect rents and speak with tenants. The trustee alleges that there is equity in the apartment building and that creditors will be better off if the case remains in the chapter 7 posture instead of returning to state court. Furthermore, the debtor did not demonstrate good faith.