Order granting motion to dismiss the Chapter 13 case and barring Debtor from filing any case under Title 11 of the U.S. Code for twelve months. First, the Court dismissed the case pursuant to § 1307(c) of the Bankruptcy Code for unreasonable delay and prejudice to Creditor. Creditor, the most substantial creditor in the case, experienced 20 months of delays without any payment on its claims. If Debtor’s sixth and most recent proposed plan were confirmed, Creditor may not have received any substantial distribution for more than 22 months. Second, the Court, for cause, barred the debtor from filing any case under Title 11 of the U.S. Code for twelve months pursuant to § 349(a) of the Bankruptcy Code. Because Debtor’s need for financial restructuring was solely related to their debt to Creditor and Debtor unreasonably delayed and prejudiced Creditor, Creditor needed sufficient time to pursue his claim.
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