Bankr. L. Rep. P 75,652 in Re William Eisen, Debtor. William Eisen v. Nancy Curry, Trustee, Chapter 13 Trustee
Opinion
Opinion
William Eisen appeals a district court judgment. The district court affirmed the bankruptcy court, which dismissed his Chapter 13 petition for being filed in bad faith, and barred him from filing further bankruptcy petitions for 180 days. We affirm and remand to the district court to impose sanctions.
On November 27, 1985 Eisen entered into a contract to sell a duplex to creditor Judith Day. Day filed a state court action on April 24, 1986 seeking to enforce the executory contract. On the eve of trial in the state action, September 19, 1991, Eisen filed his first Chapter 13 petition. In the Chapter 13 plan he listed no interest in the duplex, and rejected the executory contract. Eisen claimed the property had been sold at a foreclosure sale on March 16, 1990. He also stated that the owner allowed him to live at the duplex and work as a manager. The bankruptcy judge found that Eisen had failed to disclose his relationship with the owner, and his continuing connection to the property. The judge found Eisen had proposed his plan in bad faith, and dismissed the petition on January 14, 1992.
Trial in the state court was reset for March 9, 1992. Eisen filed the Chapter 13 petition…