September 28, 2016
Bankruptcy is a privilege and not a means for debtors to try to delay the fact that they cannot pay a debt.
Background
- Debtor filed for Chapter 7 in July 2008 and received a discharge on April 3, 2009.
- Debtor filed for Chapter 13 relief in December 2013, January 2014, April 2014 and November 2015.
- None of the Chapter 13 cases lasted for more than a couple of months; debtor did not make the agreed upon payments.
- All the Chapter 13 cases were dismissed.
- Debtor filed again in January 2016.
- Wells Fargo had a secured claim of the Debtor’s home of $879,256.
- Debtor owed arrearages of $417,823.31
- Monthly mortgage payment was $6,303.56 – $4,603.28 was for principal and interest.
- Debtor had not made a single mortgage payment since 2010.
- Debtor stated she needed more time to consult with an attorney.
Decision by Bankruptcy Court
- Debtor was not sincere in her filings; all she wanted was to stay in her home for free and trying to work the system for injustice rather than justice.
- Court dismissed the case without prejudice because Wells Fargo had a remedy in case the debtor decided yet again to file another Chapter 13 Plan.
Debtor must be sincere when they file a Plan to keep their home. Serial filers are identified by the Court and stopped – justice must be served.
