Cook

MEMORANDUM **

1. Debtor’s due process rights were not violated. Appellee Peggy Cook (“Peggy”) explicitly requested that Debtor’s case be dismissed with prejudice in her objection to confirmation filed September 14, 2001. Peggy briefed the issue of bad faith in that written objection, the ground upon which dismissal with prejudice would be warranted, and offered sworn declarations to support her contentions. Debtor obviously received and read Peggy’s objection (he does not contend otherwise), as he responded to her allegations of bad faith in his memorandum of law in support of confirmation, filed on September 20, 2001. There is therefore no merit to his contention that the Bankruptcy Court’s consideration of dismissal with prejudice at the September 21st hearing and at the continuance of that hearing in early October violated his due process right to notice.

2. The Bankruptcy Court did not clearly err in finding that Debtor proposed his plan in bad faith. In its order dismissing this case, the Bankruptcy Court essentially found that the petition was filed and plan proposed in order to thwart the state court divorce proceedings and to spite Debtor’s “soon-to-be ex-spouse.” These…