Does cause exist under section 1307(c)(1) of the bankruptcy code?

federal, United States of America

The following excerpt is from Merritt v. Derham-Burk (In re Merritt), BAP No. NC-20-1026-TFB (B.A.P. 9th Cir. 2020):

"Cause" includes "unreasonable delay by the debtor that is prejudicial to creditors." 1307(c)(1). In that regard, "[a] debtor's unjustified failure to expeditiously accomplish any task required either to propose or to confirm a chapter 13 plan may constitute [the required causation] under 1307(c)(1)." Ellsworth v. Lifescape Med. Assocs., P.C. (In re Ellsworth), 455 B.R. 904, 915 (9th Cir. BAP 2011). The bankruptcy court found cause existed due to both unreasonable delay that is prejudicial to creditors and bad faith.10 We see no abuse of discretion in its finding that dismissal was appropriate.

Other Questions


Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
What is the impact of section 3553(a)(2)(C) and section 3582(c)(1)(A)(ii) of the Federal Drug Code on the public safety of a convicted drug dealer? (MultiRegion, United States of America)
What is the test for sustaining a conviction for "use" of a firearm under 18.C. c. section 924(c)(1) of the Federal Criminal Code? (MultiRegion, United States of America)
Does Section 542 of the Bankruptcy and Insolvency Act, 542(1) of the Code of Civil Procedure, which prohibits a debtor from entering into bankruptcy, or does the Debtors have to close the transactions in order to get out of bankruptcy? (federal, United States of America)
Does section 25 of the Criminal Code of Canada section 25, 25(1) of the Public Records Act, 1998, c.25(2), c.26(3) and c. 25? (Canada (Federal), Canada)
What is the burden of proving cause exists for relief under Section 362(d)(1) of the Bankruptcy and Insolvency Act? (federal, United States of America)
Does a federal district court have jurisdiction to modify a defendant's sentence under 18.C. section 3582(c)(2) of the Criminal Code? (MultiRegion, United States of America)
Can a deportee's ground of deportation under Section 241 of the Immigration Code be excluded from relief under Section 212(c)? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
How have the courts interpreted section 56(2) of the Income Tax Code in the context of Section 56(1) and Section 5(2)? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.