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Opinion 467

Case Name: 

In re Norton, 2005 WL 150641 (Bankr.D.Utah)

Judge: 
Judge Boulden
Date: 
Jan-21-2005
Case Number(s): 
04-22581
Status: 

PUBLISHED

Body: 

Debtor's case was dismissed with prejudice barring the discharge of the Debtor's current debts in any future bankruptcy case under § 349(a) after the Debtor filed nine unsuccessful Chapter 13 petitions. The Court found that the Debtor's defiant and abusive conduct established “cause” under § 349(a). The opinion also distinguishes § 349(a) from other Bankruptcy Code provisions that allow for dismissal, and specifically examines what type of debtor misconduct warrants a “for cause” dismissal with prejudice under § 349(a) as allowed under Frieouf v. United States (In re Frieouf), 938 F.2d 1099 (10th Cir. 1991), cert denied, 502 U.S. 1091 (1992).

Internal Ref: 
Opinion 467
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