Motion to Dismiss in a Chapter 13
Posted: Fri Mar 04, 2005 12:57 pm
Matt,
Motion can be brought by any party with an interest as Brian says. Also, motion can be brought any time during the case even after confirmation. I saw a case where a car creditor who was being paid only thorugh the plan brought a motion to dismiss for delinquent plan payments (the trustee had not yet filed a motion to dismiss). Since plan payments and payments to creditors are an ongoing concern during the case, this would seem to be an acceptable ground for the motion.
However, since confirmation is (supposed to be) res judicata for most other issues, it doesn't seem that a creditor could use a motion to dismiss to bring up issues that were or should have been adjudicated prior to confirmation.
Melissa Besecker
Melissa Besecker
zomees wrote:
Interesting question that was posed to me by another attorney in
Nevada...
In our district, can a motion to dismiss be brought by any party, at
any time or is there a requirement to have the motion in front of
the court the day of the Chapter 13 confirmation hearing?
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Matt,
Motion can be brought by any party with an interest as Brian says. Also, motion can be brought any time during the case even after confirmation. I saw a case where a car creditor who was being paid only thorugh the plan brought a motion to dismiss for delinquent plan payments (the trustee had not yet filed a motion to dismiss). Since plan payments and payments to creditors are an ongoing concern during the case, this would seem to be an acceptable ground for the motion.
However, since confirmation is (supposed to be) res judicata for most other issues, it doesn't seem that a creditor could use a motion to dismiss to bring up issues that were or should have been adjudicated prior to confirmation.
Melissa Besecker
Melissa Beseckerzomees <Matt@resniklaw.com> wrote:
Interesting question that was posed to me by another attorney in Nevada...In our district, can a motion to dismiss be brought by any party, at any time or is there a requirement to have the motion in front of the court the day of the Chapter 13 confirmation hearing?__________________________________________________Do You Yahoo!?Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com
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