In Re Wong
Community Thrift & Loan v. Davis (In Re Wong)
Opinion
Opinion
Russell, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR HEARING HELD ON
This cause having come on for hearing on February 17, 1983, and the Court, having read the documents and having heard the evidence, finds the facts and states its conclusions of law as follows:
FINDINGS OF FACT
1. That the debtor’s schedule showed secured debts of $2,450,000.00.
2. That counsel for the debtor represented to the Court that the instant Chapter 13 case had been dismissed.
3. That no attempt was made by the debtor to “meet and confer” with the plaintiff’s counsel in accordance with the PreTrial Order of this Court.
4. That the last payment made by the debtor to the plaintiff was on June 10,1981.
.5. That Mr. Wagner stated to the Court that it was the policy of the office of Jerome Edelman to only file bankruptcy for one spouse at a time in order to preserve the credit rating of the second spouse, and to file a bankruptcy for the second spouse if the bankruptcy of the first spouse was not successful in achieving their goals.
CONCLUSIONS OF LAW
1. That it was an abuse of the Bankruptcy Code for a debtor to file a Chapter 13 on the eve of foreclosure after her husband had exhausted all avenues in…