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Opinion 96

Case Name: 

In re Bastien

Judge: 
Judge Clark
Date: 
Aug-4-1983
Case Number(s): 
83C-0225
Status: 

UNPUBLISHED

Body: 

Chapter 7 debtors were ordered by the court to pay their tax refunds and wages to the trustee. Debtors failed to comply and, instead, filed a petition under chapter 13. The chapter 13 petition was dismissed for debtors' failure to file schedules, and debtors filed a second chapter 13 petition. On trustee's motion, the court dismissed debtors' chapter 7 case, with prejudice. Debtors then moved to "cancel" their chapter 7 case in order to include the claims in that case in their pending chapter 13. The court ruled that debtors had not shown cause to vacate the chapter 7 dismissal, and ordered debtors to show cause why their chapter 13 case should not be dismissed as an abusive filing.

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Opinion 96
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