stay lifted to allow equitable distribution action to go forward, but not lifted so as to authorize the state court to transfer property of the estate
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§707(b) (case not dismissed)
petition preparer ordered to disgorge fees, matter referred to District Court for consideration of sanctions and damages
objection to claim of property exemptions overruled
petition preparer fined and enjoined from providing further services
Lena M. James
Plaintiff alleged violation of discharge injunction and state law violations. Defendant filed motion to dismiss. Court granted motion to dismiss as to state law claims on grounds of preemption and lack of jurisdiction.
The Debtors originally filed a Chapter 13 case and their plan was confirmed. The Debtors then converted their case to a Chapter 7. Following the filing of the Bankruptcy Administrator's motion to deny the male Debtor a discharge pursuant to Bankruptcy Code section 727(a)(8), the Debtors filed a motion to reconvert their case back to Chapter 13. It is within the Court's discretion to allow or disallow a reconversion of a case from chapter 7 back to Chapter 13. However, in this case, the Debtors failed to demonstrate any facts which would persuade the Court to exercise its discretion to allow reconversion of their case.
Order granting motion to designate as a Single Asset Real Estate pursuant to §§ 101(51B) and 362(d)
Debtor moved to reject the Private Mortgage Insurance portion of a deed of trust on her primary residence (or modify her Chapter 13 Plan to the same effect). The court denied the motion under 1322(b).
Dismissal of Chapter 11 case for cause under Section 1112 due to substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation, plus gross mismanagement of the estate