Debtor has consistently misrepresented his assets, income and liabilities and has failed to honor his obligations to the bankruptcy court and process, preventing confirmation of any of his proffered reorganization plans and leaving his creditors “waiting in the wings,” and the Roanoke U.S. Bankruptcy Court dismisses debtor’s Chapter 12 petition.
The court agrees with the trustee and finds that cause exists to dismiss the case under 11 U.S.C. § 1208(c)(1) and for other good cause under § 1208(c) and (d). The court holds that debtor’s behavior throughout the pendency of the case constitutes not only an unreasonable and prejudicial delay to creditors but also a lack of good faith in dealing with the creditors and the court in this case.
Debtor’s case has been pending for several months, with no confirmed or confirmable plan and consistently inaccurate schedules, and there is little reason to be optimistic circumstances will change any time soon. Debtor has had ample time and opportunity to provide the court and interested parties with accurate information, but he has failed to do so and has been unable to provide any meaningful explanation for the inaccuracies. Without accurate schedules, the court, trustee and creditors cannot determine the feasibility or propriety of a proposed plan, and the case cannot progress toward the ultimate goal of plan confirmation and discharge.
Since filing the case, debtor has proposed four separate chapter 12 plans for reorganization, none of which the court can confirm due to the myriad deficiencies in the schedules. His case is getting more convoluted and perplexing with each passing hearing. Meanwhile his creditors are waiting in the wings without payments, as their interests are impaired and collateral is devalued. The court finds debtor’s repeated delays and failure to propose a confirmable plan unreasonable, without justification and harmful to his creditors.
The court also holds that other good cause exists to dismiss the case under § 1208. The court finds cause to dismiss the case for debtor’s improper post-petition conduct. Debtor has repeatedly failed to disclose assets, failed to provide the court with complete and correct filings and failed to comply with various orders of the court. His actions have negatively affected his creditors; he has not been forthright with the court and his creditors and his actions suggest his filing does not comply with the spirit of the Bankruptcy Code.
The court finds that debtor’s actions throughout the case have demonstrated an inability to provide the court and interested parties with full, clear and trustworthy information, resulting in unreasonable and prejudicial delays to the creditors and little likelihood of proposing a confirmable plan of reorganization in the future.
In re: Charlie Gose Dickenson Jr. (Connelly) No. 13-71283, Sept. 15, 2014; USBC at Roanoke, Va. VLW 014-4-009, 28 pp.