Creditor moved the Court to dismiss a case as a bad faith filing, because the debtor filed to stop a state court civil action and because the creditor did not believe the debt was dischargeable. The state court action arose from the debtor's prepetition action in engaging in criminal conversation with the creditor's then wife. The Court held that prepetition bad faith conduct by itself is insufficient to disqualify a debtor from proceeding in bankruptcy. The Court also denied the alternative request of relief from stay to pursue the state court civil action.
File:
Judge:
Date:
Thursday, May 31, 2018
Category:
Bad Faith
Chapter 7 Issues
Dismissal
Chapter:
7