Berenice Glover V.

Good Law
537 F. App'x 741
United States Court of Appeals for the Ninth CircuitAugust 15, 201311-60033California489 words

Opinion

Opinion

MEMORANDUM

Berenice Carol Glover pro se appeals from the Bankruptcy Appellate Panel’s (“BAP”) affirmance of the bankruptcy court’s order dismissing her Chapter 13 case with prejudice and a five-year bar to refiling. Glover has filed eight bankruptcy cases in Oregon since 1988, and four of those between 2008 and 2010, including the petition that is the subject of this appeal. See In re Glover, 2011 WL 3298899 *1 n. 2 (9th Cir.BAP 2011) (describing history of bankruptcy filings). Following a hearing, the bankruptcy court noted Glover’s extensive bankruptcy history, in which she had “never remotely approached completing a plan in Chapter 13,” and then analyzed the factors set forth in In re Leavitt, 171 F.3d 1219 (9th Cir.1999), for dismissing a case with prejudice for bad faith filing. We affirm.

Glover argues that the district court’s order must be reversed because the court acted sua sponte in dismissing the case for bad faith, whereas 11 U.S.C. § 1307 (c) requires the motion of a party in interest or the United States trustee. However, as the BAP correctly explained, § 1307(c) is not the only source of authority for dismissal, as 11 U.S.C. § 105 clearly authorizes the…

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