Hansmeier v. McDermott

Debtor appeals the bankruptcy court's order converting his chapter 13 case to chapter 7. The BAP concluded that the bankruptcy court did not err by refusing to hold an evidentiary hearing on the United States Trustee's motion. The BAP also concluded that even if debtor had not waived his challenges, the bankruptcy court's findings are not clearly erroneous. In this case, the bankruptcy court's findings are amply supported by the facts set forth in the United States Trustee's verified motion. The BAP agreed with the bankruptcy court's findings that there was sufficient cause to convert the chapter 13 case to chapter 7. The bankruptcy court found that, inter alia, debtor had exhibited a serious and studied disregard for the orderly process of justice and a relentless willingness to lie; he had intentionally given inconsistent testimony and failed to provide responsive information; he had filed his bankruptcy petition in an attempt to avoid having to disclose financial information; and he failed to disclose assets on bankruptcy schedules. Accordingly, the BAP affirmed the judgment. View "Hansmeier v. McDermott" on Justia Law