In re Vincent E. Lorenca & Alina T. Lorenca, 09-32962
Issued January 29, 2010
Judge Jack B. Schmetterer
Summary The U.S. Trustee brought a Motion to Dismiss pursuant to 11 U.S.C. § 707(b)(3). Debtors objected and asked that they be allowed to keep their investment property. The Court noted that being able to keep said property would defeat the purpose of the Code, which makes debtors pay what they can to creditors. Accordingly, Debtors will be given six weeks to divest themselves of their investment property, convert to Chapter 13, and file a plan. Otherwise, the Motion to Dismiss will be allowed and their case dismissed.
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