Trustee’s Motion to Dismiss Chapter 7 Case for Bad Faith was Untimely and Moot when filed 4 Months After Debtor Received Discharge

Trustee’s Motion to Dismiss Chapter 7 Case for Bad Faith was Untimely and Moot when filed 4 Months After Debtor Received Discharge

This matter is before the Court on the Motion of Chapter 7 Trustee through counsel (i) to dismiss the captioned bankruptcy case under 11 U.S.C. § 707(a) as having been
filed in bad faith; and (ii) to bar the Debtor from filing a bankruptcy case in any jurisdiction without first obtaining leave of the relevant Court pursuant to 11 U.S.C. §§ 349(a), 109(g) and 105(a).

The Debtor filed the instant, no asset Chapter 7 case on May 23, 2016. The Debtor was granted a discharge on August 26, 2016, as no party-in-interest sought an extension of time for entry of discharge under FED. R. BANKR. P. 4004(c). The Trustee filed his dismissal motion on December 28, 2016.

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